Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51274 of 2021 Applicant :- Sanjay Goyal Opposite Party :- State of U.P.
Counsel for Applicant :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Vibhu Rai, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.293 of 2021 at Police Station-Gandhi Park, District-Aligarh under Sections 363, 311, 120-B, 370(V), 420, 467, 468, 471 IPC.
The bail application of the applicant was rejected by learned Special Judge (E.C. Act)/Additional Sessions Judge, Aligarh on 11.11.2021.
The applicant is in jail since 26.07.2021, pursuant to the said F.I.R.
Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Vibhu Rai, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant initiated the process of adoption of a child with CARINGS, a statutory body constituted by the Government of India. A adoption application made by the applicant was duly processed and all the documentations were verified by the competent authorities. The official Vishal Kaushal informed the applicant that the home study will be conducted by officials of CARINGS at the house of the applicant as a part of the adoption procedure. Thereafter, the person named Raj Kumari @ Chandni came to the house of the applicant claiming herself as an employee of the Rajkiya Bal Grah, Mathura, for conducting the home study. The said lady thereafter made over the custody of the child to the applicant claiming that the said child was being handed over for provisionally custody for a period of 20 days. After the aforesaid period, the study of the compatibility and other relevant parameters would be made for deciding the fate of the adoption application of the applicant. The applicant in good faith believed the said Raj Kumari @ Chandni took the child in his care. During its brief stay the child was reared with all love, affection and attention. The applicant had no knowledge that the aforesaid Raj Kumari @ Chandni or any person are involved in illegal trafficking of small children. The child has since been handed over to its biological parents. Further, the applicant is in fact a victim and his role is completely distinguishable from the persons who are involved in illegal trafficking of small children including Anil, Duryodhan and Sulabh. 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-Sanjay Goyal involved in Case Crime No.293 of 2021 at Police Station-Gandhi Park, District-Aligarh under Sections 363, 311, 120-B, 370(V), 420, 467, 468, 471 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 :- 22.12.2021 Ashish Tripathi