Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39960 of 2021 Applicant :- Vikas Dutta Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Ashish Kumar Singh Hon'ble Ajay Bhanot,J.
Heard Shri Ajay Kumar Srivastava, learned counsel for the applicant, Sri Vikas Sahai, learned A.G.A. for the State and Shri Ashish Kumar Singh, learned counsel for the informant.
A first information report was lodged as Case Crime No.116 of 2021 at Police Station- Simbhawali, District-Hapur under Section 201 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge (POCSO Act) Hapur on 26.08.2021.
The applicant is in jail since 30.10.2019, pursuant to the said F.I.R.
Shri Ajay Kumar Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. There is no material to support the charge of destruction of evidence against the applicant. The applicant has not destroyed any evidence. The F.I.R. was lodged 10 days after the incident. The unexplained delay in the F.I.R. shows that the applicant was implicated as an afterthought. The applicant was named in the confessional statement by co-accused-Firoz before the police authorities. The aforesaid statement is not reliable. Apart from the instant case, the applicant does not have any criminal history. 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 Ashish Kumar Singh, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They, however, do 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-Vikas Dutta involved in Case Crime No.116 of 2021 at Police Station- Simbhawali, District-Hapur under Section 201 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 :- 20.12.2021 Ashish Tripathi