Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47960 of 2021 Applicant :- Rajendra Jaiswal @ Rajendra Kumar Jaiswal Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Narendra Kumar Singh, 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. 0167 of 2021 at Police Station- Bhelpur, District-Kashi (Commissionerate Varanasi) under Sections 120-B, 419, 420, 467, 468, 471, 406, 504, 506 IPC.
The bail application of the applicant was rejected by learned Sessions Judge,Varanasi on 29.09.2021.
The applicant is in jail since 10.09.2021, pursuant to the said F.I.R.
Shri Narendra Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is of the year 2012. The FIR was lodged in the year 2021. FIR was lodged almost nine years after the alleged incident. The unexplained delay in the FIR shows that the applicant was implicated as an afterthought. The dispute is essentially of civil in nature and relates to the prudence in making a financial investment. The criminal case has been instituted to leverage them in the disputed civil claim being made by the informant. 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 brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder 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-Rajendra Jaiswal @ Rajendra Kumar Jaiswal involved in Case Crime No. 0167 of 2021 at Police Station-Bhelupur, District- Varanasi under Sections 120-B, 419, 420, 467, 468, 471, 406, 504, 506 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 :- 22.12.2021 Nadeem Digitally signed by AJAY BHANOT Date: 2021.12.23 13:15:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad