Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45868 of 2021 Applicant :- Pankaj Khatik Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Kumar,Shiv Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Narendra Kumar Tiwari, learned counsel and Shri Shiv Kumar Singh, learned counsel for the applicant and Sri Nafees Ahmad, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.55 of 2021 at Police Station-Sector-58 Noida, District-Gautam Buddha Nagar under Sections 406, 420, 467, 468, 471, 120-B and 507 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Gautam Buddha Nagar on 23.07.2021.
The applicant is in jail since 15.03.2021, pursuant to the said F.I.R.
The applicant could not account for the amount credited to his account by the informant. After some arguments, Shri Narendra Kumar Tiwari, learned counsel and Shri Shiv Kumar Singh, learned counsel on behalf of the applicant on the basis of instructions undertake to repay the amount to the extent of Rs.1,30,000/- which was paid by the informant (without prejudice to his defence in the trial) to the informant within a period of three months.
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 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-Pankaj Khatik involved in Case Crime No.55 of 2021 at Police Station-Sector-58 Noida, District-Gautam Buddha Nagar under Sections 406, 420, 467, 468, 471, 120-B and 507 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 shall deposit a bank draft of Rs.1,30,000/- in favour of the informant before the Chief Judicial Magistrate, Gautam Buddha Nagar. The applicant shall be permitted to withdraw the money from his bank account.
2. The learned Chief Judicial Magistrate, Gautam Buddha Nagar shall make over the aforesaid bank draft to the informant.
3. In case the aforesaid amount is not deposited within a period of three months from today, the bail of the applicant stand cancelled without recourse to this Court. An order to be passed by the learned Chief Judicial Magistrate, Gautam Buddha Nagar that the bail condition of deposit of the amount has not been fulfilled and the applicant is liable to be arrested.
4. The applicant will not tamper with the evidence during the trial.
5. The applicant will not influence any witness.
6. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
7. 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 Ashish Tripathi