Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49875 of 2021 Applicant :- Parshuram Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Goswami Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Pankaj Goswami, learned counsel for the applicant and Shri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.0468 of 2021 at Police Station- Jagdishpura District-Agra under Sections 363, 366 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Agra on 02.11.2021.
The applicant is in jail since 12.09.2021, pursuant to the said F.I.R.
Shri Pankaj Goswami, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C has categorically sated that she was upset on being constantly upbraided by her parents. She left the house of her own volition. She did not identify the applicant as a person who induced her into leaving her house nor did she make any allegation that the applicant committed any inappropriate physical act with her. The victim contradicted this statement in her subsequent statement under Section 164 Cr.P.C.. The latter statement was made on being pressurized by her parents to save the family honour. 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 A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this 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-Parshuram involved in Case Crime No.468 of 2021 at Police Station- Jagdishpura District-Agra under Sections 363, 366 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