Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50141 of 2021 Applicant :- Gurdeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Kuldeep Singh Chahar, learned counsel for the applicant and Shri Ashutosh Pandey, learned brief holder for the State.
A first information report was lodged as Case Crime No.0029 of 2021 at Police Station-Barsana District-Mathura under Sections 41, 102 Cr.P.C.
and Sections 411, 414, 420, 467, 468, 471 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Mathura, on 25.08.2021.
The applicant is in jail since 30.01.2021, pursuant to the said F.I.R.
As per prosecution case four motorcycles, one wire cutter and one knife and master key were recovered from the joint possession of the accused persons. Thereafter on the pointing of the applicant four more motorcycles were recovered. Shri Kuldeep Singh Chahar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The aforesaid pointing which led to the recovery of additional motorcycles was extracted by coercion and submitted under duress. Recovered items were planted on the persons of the applicant to frame him in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Prior to the instant case the applicant does not have criminal history.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Gurdeep Singh involved in Case Crime No.29 of 2021 at Police Station- Barsana District-Mathura under Sections 414, 420, 467, 468, 471 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Nadeem