Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39961 of 2021 Applicant :- Reshama Khatoon And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mohd. Aslam, learned counsel for the applicants and Sri Vikas Sahai, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.266 of 2021 at Police Station-Kotwali Nagar, District-Mau under Section 370 IPC.
The bail application of the applicants was rejected by learned Additional Sessions Judge, Court No.1, Mau on 12.08.2021.
The applicants are in jail since 08.07.2021, pursuant to the said F.I.R.
Shri Mohd. Aslam, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. The informant/victim in her statement under Section 161 Cr.P.C. has categorically stated that she voluntarily accompanied the applicants for formalizing a marriage proposal.
It is then submitted that the proposal was accepted by the applicants of her own volition. She changed her mind during the marriage ceremony. Apart from the instant case, the applicants do not have any criminal history. 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. He, however, does not dispute the fact that the applicants do not have any 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 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-Reshama Khatoon and Mohammad Safi involved in Case Crime No.266 of 2021 at Police Station-Kotwali Nagar, District-Mau under Section 370 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 :- 20.12.2021 Ashish Tripathi