Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49128 of 2021 Applicant :- Rizwan Ali Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Vivek Singh Shrinet Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vivek Singh Shrinet, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.159 of 2002 at Police Station-Shahpur, District-Gorakhpur under Sections 395, 397, 412 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (E.C. Act), Gorakhpur on 21.09.2021.
The applicant is in jail since 07.09.2021, pursuant to the said F.I.R.
Shri Vivek Singh Shrinet, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. There was a communication gap between the applicant and his counsel. The applicant was not intimated the date of proceedings before the trial court by the office of his counsel which caused his absence from the trial. Learned counsel for the applicant contends that the applicant is a law abiding citizen and undertakes to cooperate in the proceeding and to appear before the court whenever directed. Apart from the instant case, the applicant does not have any criminal history. 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. He, however, does not dispute the fact that the applicant does 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 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-Rizwan Ali involved in Case Crime No.159 of 2002 at Police Station-Shahpur, District-Gorakhpur under Sections 395, 397, 412 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 Digitally signed by AJAY BHANOT Date: 2021.12.24 13:42:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad