Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45654 of 2021 Applicant :- Pravesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Darwari Lal,Ashok Kumar Mishra,Shivesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Shivesh Mishra, learned counsel holding brief of Shri Darwari Lal, learned counsel for the applicant and learned A.G.A. for the State.
A first information report was lodged as Case Crime No.499 of 2019 at Police Station-C.B. Ganj District- Bareilly under Sections 406, 420, 467, 468, 471 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Bareilly, on 22.09.2021.
The applicant is in jail since 01.09.2021, pursuant to the said F.I.R.
Shri Shivesh Mishra, learned counsel holding brief of Shri Darwari Lal, learned counsel for the applicant contends that the applicant had taken loan of Rs. 84,000/- from the bank. The loan application of the applicant was duly processed by the bank officials who after doing due diligence on the documents granted loan. The applicant is a poor farmer. The applicant has not committed any fraud and is paying the loan installments and intends to continue to do so. Apart from this case, the applicant does not have any criminal history. Lastly it is submitted 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 could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history.
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- Pravesh Kumar involved in Case Crime No.499 of 2019 at Police Station-C.B. Ganj District-Bareilly under Sections 406, 420, 467, 468, 471 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 :- 21.12.2021 Dhananjai