Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54312 of 2021 Applicant :- Sanjeev Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Narayan Singh Kushwaha, learned counsel for the applicant and Sri Indra Prakash Srivastava, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.741 of 2021 at Police Station-Kotwali Nagar, District-Etah under Section 15(2) of the Indian Medical Council Act, 1956 and under Sections 3, 4, 5, 6, 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT Act).
The bail application of the applicant was rejected by learned Sessions Judge, Etah on 06.12.2021.
The applicant is in jail since 03.09.2021, pursuant to the said F.I.R.
Shri Narayan Singh Kushwaha, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is not a doctor or medical specialist, who is competent to conduct any ultrasound test. The applicant has been named by co-accused-Sandhya @ Ruby. The said statement is unreliable. Apart from the instant case, the applicant does not have any criminal history. The co-accused-Sandhya @ Ruby, who has been granted bail by this Court in judgement rendered on 10.12.2021 in Criminal Misc. Bail Application No.46735 of 2021. The case of the applicant stands on a better footing than the co-accused-Sandhya @ Ruby. 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-Sanjeev Kumar involved in Case Crime No.741 of 2021 at Police Station-Kotwali Nagar, District-Etah under Section 15(2) of the Indian Medical Council Act, 1956 and under Sections 3, 4, 5, 6, 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT 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 :- 22.12.2021 Ashish Tripathi