Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44609 of 2021 Applicant :- Mujammil Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and Shri Narendra Kumar Tiwari, learned counsel for the opposite party/Electricity Board.
A first information report was lodged as Case Crime No.18 of 2021 at Police Station-Badgaon, District-Saharanpur under Section 136 of the Electricity Act, 2003.
The bail application of the applicant was rejected by learned Special Judge (E.C.Act)/Additional Sessions Judge, Court No.4, Saharanpur on 13.09.2021.
The applicant is in jail since 05.02.2021, pursuant to the said F.I.R.
Shri Dhiraj Kumar Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case, countrymade pistol and other items like 50 Kg. iron, various tools and cutting instruments in swift desire car were recovered from the applicant. The said items were planted on the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the recovery. The said recovered items cannot be connected to any criminal case. Learned counsel for the applicant has explained the criminal history of the applicant and 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. as well as Shri Narendra Kumar Tiwari, learned counsel for the opposite party/Electricity Board could not satisfactorily dispute the aforesaid submissions from the record. However, they do not contest the criminal history of the applicant as disclosed in the bail application. However, learned AGA points out that criminal history of five cases under the Electricity Act has not been disclosed by the applicant in the bail application.
Rejoining the issue, Shri Dhiraj Kumar Pandey, learned counsel for the applicant contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in various cases only to burnish their professional credentials and the aforesaid cases 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-Mujammil involved in Case Crime No.18 of 2021 at Police Station-Badgaon, District-Saharanpur under Section 136 of the Electricity Act, 2003, 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 :- 24.12.2021 Ashish Tripathi