Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47518 of 2021 Applicant :- Komal Pratap @ Karan Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kant Dixit,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Sudhir Kant Dixit, learned counsel for the applicant and Sri Nafees Ahmad, AGA for the State.
A first information report was lodged as Case Crime No.0064 of 2021 at Police Station- Kuthaund District-Jalaun under Sections 41, 102 Cr.PC and Sections 420, 467, 468, 471, 411 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Jalaun at Orai, on 12.05.2021.
The applicant is in jail since 03.03.2021, pursuant to the said F.I.R.
Shri Sudhir Kant Dixit, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case recovery of Rs. 26800/- has been made from the applicant. The money belongs to the applicant. Recovery was shown from the applicant to frame in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Learned counsel for the applicant claim congruency in role and seeks parity in relief with the co-accused person namely, Ankit Kumar @ Sheelu and another who have been granted bail by this Court in judgement rendered on 23.11.2021 in Criminal Misc. Bail Application No.25435 of 2021. 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 AGA could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that criminal history of one case has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the aforesaid case has no bearing on the instant 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-Komal Pratap @ Karan involved in Case Crime No.64 of 2021 at Police Station-Kuthaund District-Jalaun under Sections 420, 467, 468, 471, 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 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 :- 22.12.2021 Nadeem