Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38219 of 2021 Applicant :- Mohd. Zafar Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Irshad Ahmad, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 173 of 2019 (Sessions Trial No. 517 of 2019) at Police Station-Kotwali Sambhal, District-Sambhal under Sections 379, 411, 413, 114 and 420 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Sambhal at Chandausi on 07.07.2021.
The applicant is in jail since 01.05.2019, pursuant to the said F.I.R.
Shri Irshad Ahmad, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. Motorcycles were planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that aforesaid cases have no bearing on the instant case. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief with co-accused namely Shahzeb, who has been granted bail by the this Court on 06.08.2019 in Criminal Misc. Bail Application No. 31613 of 2019. 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.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that one criminal case registered under the Excise Act has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities who nominated him in a number of cases only to burnish their professional credentials. The aforesaid cases have 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-Mohd. Zafar involved in Case Crime No. 173 of 2019 (Sessions Trial No. 517 of 2019) at Police Station-Kotwali Sambhal, District-Sambhal under Sections 379, 411, 413, 114 and 420 I.P.C. 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 :- 17.12.2021 Dhananjai