Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48065 of 2021 Applicant :- Shahbez @ Munna Opposite Party :- State of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Tufail Hasan, learned counsel for the applicant and Shri Jitendra Singh, learned AGA for the State.
A first information report was lodged as Case Crime No.0037 of 2021 at Police Station-Kotwali District-Agra under Section 379 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge,Agra on 28.09.2021.
The applicant is in jail since 21.08.2021, pursuant to the said F.I.R.
As per prosecution case following items were recovered from the applicants:
(1) 4 bangles.
(2) 2 rings.
(3) 1 necklace.
(4) 1 earring.
Shri Tufail Hasan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Recovered items were planted on the applicants to frame them in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. No forensic science laboratory report has confirmed the authenticity of the metal used in the making of the ornaments nor the value of the ornaments. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant is a soft target for the police authorities who repeatedly nominate him in a number of cases only to burnish their professional credentials.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he 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-Shahbez @ Munna involved in Case Crime No.37 of 2021 at Police Station- Kotwali District-Agra under Sections 379, 411, 413, 120-B 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 :- 24.12.2021 Nadeem