Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44148 of 2021 Applicant :- Saurabh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Akhil Kumar Shukla
Hon'ble Ajay Bhanot,J.
Heard Shri Lavkush Kumar Bhatt, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State and Shri Akhil Kumar Shukla, learned counsel for the informant.
A first information report was lodged as Case Crime No.278 of 2021 at Police Station- Mohammadabad, District-Farrukhabad under Sections 363, 366, 504 IPC and Section 11/12 of the Protection of Children from Sexual Offences Act and Section 3(1)(Gha) of the SC/ST Act.
The bail application of the applicant was rejected by learned Special Judge (POCSO Act)/Additional Sessions Judge, Farrukhabad on 08.09.2021.
The applicant is in jail since 18.08.2021, pursuant to the said F.I.R.
Shri Lavkush Kumar Bhatt, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C. has categorically asserted that she was in a relationship with the applicant. She eloped with him of her own volition. The applicant did not force himself upon the her nor did he commit any inappropriate sexual act with her. She went to various places with the applicant. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant 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. as well as Shri Akhil Kumar Shukla, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. However, they does not contest the criminal history of the applicant as disclosed in the bail application.
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-Saurabh involved in Case Crime No.278 of 2021 at Police Station-Mohammadabad, District-Farrukhabad under Sections 363, 366, 504 IPC and Section 11/12 of the Protection of Children from Sexual Offences Act and Section 3(1)(Gha) of the SC/ST 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