Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37958 of 2021 Applicant :- Vivek Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Deepak Kumar Verma, learned counsel for the applicant, and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 134 of 2021 at Police Station Bilhaur, District Kanpur Nagar, under Sections 354ka, 506 I.P.C. and Sections 7/8 of POCSO Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge (POCSO Act), Kanpur Dehat, on 03.08.2021.
The applicant is in jail since 21.05.2021, pursuant to the said F.I.R.
Shri Deepak Kumar Verma, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. There are material contradictions in the statements of the victim under Section 161 Cr.P.C. and Section 164 Cr.P.C. The victim has not suffered any injury nor is there evidence of physical assault. Apart from this case, the applicant does not have criminal history. Lastly it is submitted by 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.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA could 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 learned counsel for the applicant and accordingly 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- Vivek Kumar be released on bail in Case Crime No. 134 of 2021 at Police Station Bilhaur, District Kanpur Nagar, under Sections 354ka, 506 I.P.C. and Sections 7/8 of POCSO Act on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 Dhananjai