Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35782 of 2021 Applicant :- Kaushal Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.,Bhuwan Chandra Mishra
Hon'ble Ajay Bhanot,J.
Heard Shri Amit Rai, learned counsel holding brief of Shri Garun Pal Singh, learned counsel for the applicant, Sri Indra Prakash Srivastava, learned A.G.A. for the State and Sri Bhuwan Chandra Mishra, learned counsel for the informant.
A first information report was lodged as Case Crime No.214 of 2021 at Police Station-Chhata, District-Mathura under Sections 323, 307, 354, 452, 504 and 506 IPC and Section 7/8 of the Protection of the Children from Sexual Offence Act, 2012.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Mathura on 27.07.2021.
The applicant is in jail since 24.06.2021, pursuant to the said F.I.R.
Shri Amit Rai, learned counsel holding brief of Shri Garun Pal Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The main role has been assigned to co-accused-Dilip. Only general and vague allegations are made against the applicant. There are material contradictions in the statements of the alleged victim made under Section 161 Cr.P.C. and Section 164 Cr.P.C. Medical reports are also inconsistent. Medical report which discloses L-1 fracture was taken out on 28.06.2021 six days after the incident from a hospital in Jaipur. The incident happened at Mathura. The co-accused-Dilip and the victim were in a relationship. Apart from the instant case, the applicant does not have any criminal history. The co-accused-Dilip, who has been granted bail by this Court in judgement rendered on 14.12.2021 in Criminal Misc. Bail Application No.41038 of 2021. The case of the applicant stands on a better footing than the co-accused-Dilip. 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. as well as Sri Bhuwan Chandra Mishra, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They, however, do not dispute the fact that the applicant does not have any 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-Kaushal Gautam involved in Case Crime No.214 of 2021 at Police Station-Chhata, District-Mathura under Sections 323, 307, 354, 452, 504 and 506 IPC and Section 7/8 of the Protection of the Children from Sexual Offence Act, 2012, 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 :- 21.12.2021 Ashish Tripathi