Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44354 of 2021 Applicant :- Vikas Soni Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Vats Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Umesh Vats, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.359 of 2021 at Police Station-Kotwali Padrauna, District-Kushinagar under Sections 457, 380, 411 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Kushinagar at Padrauna on 06.09.2021.
The applicant is in jail since 21.08.2021, pursuant to the said F.I.R.
Shri Umesh Vats, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. was lodged almost one month after the incident. The unexplained delay in the F.I.R. shows that the applicant was implicated as an afterthought. The applicant was not named in the F.I.R. Rs.500/-, ornament of yellow colour metal and vivo mobile phone was recovered from the applicant. Rs.500/- and the Vivo mobile phone belong to the applicant and other recovered items were planted on the applicant to frame him in the instant case to show proficiency of police investigators. The recovery is not relatable to the offence. Apart from the instant case, the applicant does not have any criminal history. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief granted to the said co-accused namely, Sanjeev Soni, who has been granted bail by this Court on 22.11.2021 in Criminal Misc. Bail Application No. 40717 of 2021. 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. He, however, does 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 Soni involved in Case Crime No.359 of 2021 at Police Station-Kotwali Padrauna, District-Kushinagar under Sections 457, 380, 411 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 Ashish Tripathi