Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47240 of 2021 Applicant :- Suresh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vijay Bahadur Shivhare, learned counsel for the applicant and Sri Nafees Ahmad, learnd AGA for the State.
A first information report was lodged as Case Crime No.0173 of 2021 at Police Station-Sosolar District-Hamirpur under Sections 419, 420, 467, 468, 474 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Hamirpur, on 16.10.2021.
The applicant is in jail since 18.09.2021, pursuant to the said F.I.R.
Shri Vijay Bahadur Shivhare, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 200 ltrs of bio diesel, some empty drums and funnel were recovered from the applicant. Recovered items are used by the applicant in agricultural activities. There is no independent witness to the aforesaid recovery. The recovered items are not relatable to any case crime. The applicant does not have criminal history apart from this 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 could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have 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-Suresh Kumar involved in Case Crime No.173 of 2021 at Police Station-Sisolar District-Hamirpur under Sections 419, 420, 467, 468, 474 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 Nadeem