Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42188 of 2021 Applicant :- Kamil Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, and Sri L. D. Rajbhar, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant being Kamil for seeking bail in Case Crime No. 631 of 2021 under Section 323, 504, 506, 342 IPC and section 3, 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 registered at Police Station- Baghpat, District- Baghpat.
The bail application of the applicant has been rejected by the court below on 27.08.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by one Poonam Devi against the applicant and his family members u/s 323, 504, 506, 342 IPC and section 3, 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 on 04.07.2021 at Police Station- Baghpat, District- Baghpat with the allegation that the complainant was misguided and she was kept in dark by the applicant regarding the religion of the applicant as the applicant is Muslim by religion but he was presenting himself as Hindu and solemnized marriage with her on account of their wedlock a child was born. In nutshell, the argument of the learned counsel for the applicant is to the extent that it is highly improbable that the complainant was not aware of the religion of the applicant in a particular fact that they have been living together for a period of more than 9 years. It is apparent from the order dated 27.08.2021 that the marriage was solemnized in the year 23.08.2012 and the FIR has been lodged after a period of 9 years with the allegation which cannot be to be true particularly the fact that till 9 years, the complainant was sleeping in dormant condition. The learned counsel for the applicant has next argued that the applicant is in jail since 04.07.2021 and the paragraph no. 15 shows that the applicant has no criminal history. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the fact that the applicant does not possess any criminal history.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Kamil involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). 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.
(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021 Nisha