Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39814 of 2021 Applicant :- Rakesh Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishe Pandey,Amir Khan,Sushil Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Amir Khan, learned counsel for the applicant and learned A.G.A. for the State.
A first information report was lodged against the applicant as Case Crime No.35 of 2021 at Police Station-Mainather, District-Moradabad under Sections 395, 397, 412 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Moradabad on 04.06.2021.
The applicant is in jail since 16.02.2021, pursuant to the said F.I.R.
Shri Amir Khan, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case, Rs. 2 lakh has been recovered from the applicant. Amount recovered from the applicant belongs to him. The said money was the proceeds of a tractor sale made by the applicant. Money was shown as recovered from the applicant to frame him in this case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Only incriminating material is the confessional statement made by the applicant before the police authorities. The confessional statement given by the applicant before the police authorities was extracted by coercion and made under duress. The aforesaid statement is unreliable. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target for the police authorities who repeatedly nominated him in a number of cases only to burnish their professional credentials. The aforesaid cases do not have any bearing on the instant 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.
Shri Vikas Sahai, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicants 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-Rakesh involved in Case Crime No.35 of 2021 at Police Station-Mainather, District-Moradabad under Sections 395, 397, 412 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 :- 20.12.2021 Dhananjai