Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39998 of 2021 Applicant :- Raj Kumar Khande Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.,Ajendra Kumar
Hon'ble Ajay Bhanot,J.
Heard Shri Upendra Upadhyay, learned counsel for the applicant, Sri Rishi Chaddha, learned A.G.A. for the State and Shri Ajendra Kumar, learned counsel for the informant.
A first information report was lodged as Case Crime No.473 of 2021 at Police Station-Kotwali Nagar, District-Etah under Sections 419, 420, 467, 468, 471, 406, 411, 120-B IPC and Section 66(D) of the Information Technology Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge (Rape and POCSO Act)-I, Etah on 03.08.2021.
The applicant is in jail since 25.06.2021, 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 Upendra Upadhyay, learned counsel on behalf of the applicant on the basis of instructions undertakes to repay the amount to the extent of Rs.1,13,500/-, which was paid by the informant (without prejudice to his defence in the trial) to the informant within a period of three months.
Learned A.G.A. as well as Shri Ajendra Kumar, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They, however, do not dispute the fact that the applicant does not have any 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-Raj Kumar Khande involved in Case Crime No.473 of 2021 at Police Station- Kotwali Nagar, District-Etah under Sections 419, 420, 467, 468, 471, 406, 411, 120-B IPC and Section 66(D) of the Information Technology 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 shall deposit a sum of Rs.1,13,500/- in an interest bearing account to be opened on the directions of the learned Chief Judicial Magistrate, Etah.
2. The learned Chief Judicial Magistrate, Etah shall direct for release of the aforesaid amount in favour of 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, Etah 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 :- 17.12.2021 Ashish Tripathi