Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46441 of 2021 Applicant :- Qasim Opposite Party :- State of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Amit Singh, learned counsel for the applicant and Sri Ashutosh Pandey, learned brief holder for the State.
A first information report was lodged as Case Crime No.1159 of 2020 at Police Station-Cantt District-Gorakhpur under Section 66 I.T. Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge,Gorakhpur on 15.09.2021.
The applicant is in jail since 03.08.2021, pursuant to the said F.I.R.
Shri Amit Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The FIR was lodged by a MLA of a ruling party. The applicant was arrested one year after the lodgement of the FIR by the police authority who were clearly under pressure to show some results in their investigation. There is no material or evidence to connect the applicant with the creation of false facebook ID. No money has been credited to the bank account of the application. The applicant is not a beneficiary of any illicit transaction. The applicant is a hawker of clothes and other related memorabilia. The applicant does not have any criminal history prior to the instant case. However the applicant has been falsely implicated in three cases in close proximity to the instant case and the applicant has become a soft target for the police authorities who repeatedly nominated him in unnamed F.I.Rs. only to burnish their professional credentials. Learned counsel for the applicant contends that the same have no bearing on the instant case.
Learned brief holder 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-Qasim involved in Case Crime No.1159 of 2020 at Police Station-Cantt District- Gorakhpur under Sections 419, 420, 465, 467, 468, 469, 471, 379, 120-B IPC and Sections 66B, 66C, 66D, 74 I.T. Act, 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 Nadeem