Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44494 of 2021 Applicant :- Ram Asrey Alias Alwar .And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed on behalf of the applicant is taken in the record.
Heard Shri Mohd.Nadeem, learned counsel for the applicants and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.104 of 2020 at Police Station-Bela, District-Auraiya under Section 307 IPC.
The bail application of the applicants was rejected by learned Additional District and Sessions Judge, (Rape and POCSO)/Special Judge (NDPS Act), Auraiya on 12.03.2021.
The applicants No.1 and 2 are in jail since 10.06.2020 and 15.06.2020 respectively, pursuant to the said F.I.R.
Shri Mohd.Nadeem, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. No one from the police party has suffered any injury. This is a case of false encounter. 600 Gram ganja, countrymade pistols and cartridges were planted on the applicant and the story of the encounter was created to frame him in the instant case only to show proficiency of police force. There is no independent witness to the recovery. Learned counsel for the applicants have explained the criminal history of the applicants and further contends that the applicants have become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated them in various cases only to burnish their professional credentials. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants 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 applicants as disclosed in the supplementary affidavit.
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 applicants and hold that the applicants are 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 applicants-Ram Asrey alias Alwar and Pankaj involved in Case Crime No.104 of 2020 at Police Station-Bela, District-Auraiya under Section 307 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 them 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