Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46363 of 2021 Applicant :- Ramprakash Gupta @ Pappu Jhinna Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma,Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Y.K. Chaturvedi, learned Senior Advocate assisted by Shri Pavan Kumar Mishra, learned counsel for the applicant and Shri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.00456 of 2021 at Police Station-Raath District-Hamirpur under Sections 272, 420, 467, 468, 471, IPC and Section 59 Food Safety and Standards Act.
The bail application of the applicant was rejected by learned Special Judge (S.C/S.T Act), Hamirpur on 24.09.2021.
The applicant is in jail since 06.09.2021, pursuant to the said F.I.R.
Shri Y.K. Chaturvedi, learned Senior Advocate assisted by Shri Pavan Kumar Mishra, learned counsel for the applicant that the applicant has been falsely implicated in the instant case. The applicant runs a business of manufacturing of gutka, supari. His firm is duly registered with all relevant government departments and possesses all requisite permissions. The recovery gutka was not manufactured by the applicant. There is no evidence to connect the said gutka with the manufacturing unit run by the applicant. The applicant's brand of gutka, supari has high reputation among the consumers and is respected in the market. There is no forensic science laboratory report to confirm that the seized gutka is adulterated or noxious to public health. 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 A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A 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-Ramprakash Gupta @ Pappu Jhinna involved in Case Crime No.456 of 2021 at Police Station-Rath District-Hamirpur under Sections 420, 467, 468, 471, 272 IPC and Section 59 Food Safety and Standards 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 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 :- 24.12.2021 Nadeem