Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50117 of 2021 Applicant :- Malkhan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Rajendra Kumar Singh, learned counsel for the applicant and Shri Ashutosh Pandey, learned brief holder for the State.
A first information report was lodged as Case Crime No.0708 of 2021 at Police Station-Kotwali Shahar District-Bijnor under Sections 411, 398, 401 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge,Bijnor on 26.10.2021.
The applicant is in jail since 11.10.2021, pursuant to the said F.I.R.
Shri Rajendra Kumar Singh, 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. 230/- and a country made pistol have been made from the applicant. Further recovery of Rs. 1,20,000/- was made from the joint possession of four co- accused persons. Rs. 230/- cash belongs to the applicant. Other items and money were planted on the applicant to frame him in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the recovery. Aforesaid items are not relatable to any criminal offence. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant 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. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
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-Malkhan involved in Case Crime No.708 of 2021 at Police Station-Kotwali City District-Bijnor under Sections 398, 401 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