Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49682 of 2021 Applicant :- Rajkumar Kori Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Dev Prakash Singh, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.150 of 2021 at Police Station-Kotwali Kulpahad, District-Mahoba under Sections 457, 380, 411 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Mahoba on 14.09.2021. The applicant is in jail since 05.07.2021, pursuant to the said F.I.R.
Shri Dev Prakash Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Some jewellery items like Payal, Neckless of sliver, etc. and countrymade pistols have been recovered from the possession of the accused persons including the applicant. The aforesaid items were planted on the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the recovery. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in various cases only to burnish their professional credentials. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief granted to the said co-accused namely, Sarman, who has been granted bail by this Court on 28.10.2021 in Criminal Misc. Bail Application No.43861 of 2021. 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. 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-Rajkumar Kori involved in Case Crime No.150 of 2021 at Police Station-Kotwali Kulpahad, District-Mahoba under Sections 457, 380, 411 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 Ashish Tripathi