Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37940 of 2021 Applicant :- Sumit Garg Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Manoj Kumar Mishra, 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.426 of 2020 at Police Station- Expressway, District-Gautam Buddh Nagar under Sections 420, 467, 468, 471, 406 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.05, Gautam Buddh Nagar on 02.04.2021.
The applicant is in jail since 08.03.2021, pursuant to the said F.I.R.
Shri Manoj Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is only a small time employee working in the company registered under the name and style of A.S. Infralogix Realtors Pvt. Ltd. at a meagre salary. The applicant is not a director of the company nor is he a higher level management functionary incharge of creating the business or the viability of the said model. The applicant is also not functioning in the due diligence department of the company which scrutinized the documents. The applicant did not induce the victim for executing the sale-deed. The applicant is neither a witness nor the vendor of the sale-deed. The applicant is not the beneficiary of any illicit transaction. The sale consideration was not paid to the applicant. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in various cases of the same genre only to burnish their professional credentials while the applicant has been enlarged in these cases. 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. 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-Sumit Garg involved in Case Crime No.426 of 2020 at Police Station- Expressway, District-Gautam Buddh Nagar under Sections 420, 467, 468, 471, 406 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.
It is clarified that every case of the applicant shall be considered on the peculiar facts and this order shall not operate as the precedent for other cases against the applicant.
Order Date :- 20.12.2021 Ashish Tripathi