Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49966 of 2021 Applicant :- Jaywati Opposite Party :- State of U.P. Counsel for Applicant :- Durga Prasad Tiwari,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vinay Prakash Shukla, learned counsel for the applicant and Shri Pritam Patel, learned brief holder for the State.
A first information report was lodged as Case Crime No.0523 of 2021 at Police Station-Dadri District-Greater Noida (Commissionerate Gautambuddh Nagar) under Sections 363, 120-B IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Gautam Buddh Nagar, on 21.10.2021.
The applicant is in jail since 03.10.2021, pursuant to the said F.I.R.
Shri Vinay Prakash Shukla, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. FIR was lodged 5 days after the victim had disappeared, despite the fact that the informant who is father of the victim had full knowledge of her disappearance and was aware of the fact that she had eloped with one Pankaj. The victim had voluntarily accompanied the said Pankaj with some gold and Rs. 80,000 cash. The applicant is the aunt of the main accused Pankaj. The victim had stayed with Pankaj at different places for her own volition for a period of five months. The statement of the victim under section 161 Cr.P.C. is not reliable and was made under pressure of her parents to protect family honour. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
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-Jaywati involved in Case Crime No.523 of 2021 at Police Station-Dadri District- Gautambuddh Nagar under Sections 366, 120-B 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 :- 23.12.2021 Nadeem