Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49720 of 2021 Applicant :- Kapil Rathi Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A.,Manish Kumar Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Aishwarya Pratap Singh, learned counsel holding brief of Shri Shantanu Srivastava, learned counsel for the applicant, Shri Manish Pandey, learned counsel for the informant and Shri Rishi Chaddha, learned AGA for the State.
A first information report was lodged as Case Crime No.0189 of 2019 at Police Station- Nageena District-Bijnor under Sections 498-A, 323, 324, 506 IPC and Sections3/4 Dowry Prohibition Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Bijnor on 08.10.2021.
The applicant is in jail since 13.09.2021, pursuant to the said F.I.R.
Shri Aishwarya Pratap Singh, learned counsel holding brief of Shri Shantanu Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arise out of a matrimonial dispute. Injuries are simple in nature. Learned counsel for the applicant contends that there is full possibility of amicable reconciliation between the parties. However, continued incarceration of the applicant will create further lack of communication and bad blood between the parties. This is supported by the counsel for the informant-Shri Manish Pandey. 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-Kapil Rathi involved in Criminal Case No. 2083/2021, Case Crime No.189 of 2019 at Police Station-Nagina District- Bijnor under Sections 498-A, 307/34, 323/34, 324/34, 506 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