Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41104 of 2021 Applicant :- Junaid And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Sameer Khan, learned counsel for the applicants and Shri Vikas Sahai, learned AGA for the State.
A first information report was lodged as Case Crime No.0464 of 2021 at Police Station- Gajraula District-Amroha under Section 392 IPC.
The bail application of the applicants was rejected by learned Additional District and Sessions Judge,Amroha on 21.08.2021.
The applicants are in jail since 05.08.2021, pursuant to the said F.I.R.
Shri Sameer Khan, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. As per the prosecution case one mobile was recovered from the joint possession of the applicants. The applicants have no concern with the aforesaid mobile phone. Recovered mobile phone was planted on the persons of the applicants to frame them in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. The applicants do not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants 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 applicants do 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 applicants and hold that the applicants are 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 applicants-Junaid and Sahil involved in Case Crime No.464 of 2021 at Police Station-Gajraula District-Amroha under Sections 392, 411 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 :- 21.12.2021 Nadeem