The High Court granted bail to applicants in a cheating and kidnapping case dismissed by the lower court, citing false implication and pandemic-related jail overcrowding.
Release of applicants on bail with personal bond and two sureties each, subject to conditions against tampering with evidence or influencing witnesses.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13277 of 2021
Applicant :- Pawan @ Lali And Another Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari,Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Aditya Kumar Tripathi,Chhaya Gupta,Himanshu Kumar,Sujeet Kumar
Hon'ble Ajay Bhanot,J.
Heard Shri Santosh Kumar Tiwari, learned counsel for the applicants, Shri Aditya Kumar Tripathi, learned counsel for the informant and learned AGA for the State.
A first information report was lodged against the applicants as Case Crime No. 07 of 2021 at Police Station-Sahson, District Etawah under Sections 363, 366A I.P.C.
The bail application of the applicants was rejected by learned Incharge Sessions Judge, Etawah, on 08.02.2021.
The applicants are in jail since 29.01.2021, pursuant to the said F.I.R.
Shri Santosh Kumar Tiwari, learned counsel for the applicant contends that the applicants have been falsely implicated in the instant case. The victim who claims to be an eye witness did not name the applicants in the F.I.R. The applicants were named by the informant 24 hours after the lodgement of the F.I.R., which clearly shows that the nomination of the applicants was as an afterthought. The alleged victim was in a relationship
with one Chhunmun @ Vivek Tiwari. She eloped with the said Chhunmun @ Vivek Tiwari of her own volition. The car in which they were traveling met with an accident and the victim died in the mishap. The applicants are in no manner connected to the crime. The applicants did not force themselves upon her nor did they commit any inappropriate act with her. Apart from this case, the applicants do 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.
Sri Nafees Ahmad, learned AGA for the State and Shri Aditya Kumar Tripathi, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA 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, learned counsel for the applicant and accordingly hold that the applicants are
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 applicants- Pawan @ Lali and Vivek Bajpayee be released on bail in Case Crime No. 07 of 2021 at Police Station-Sahson, District Etawah under Sections 363, 366A I.P.C. on his 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 applicants will not tamper with the evidence during the trial.
(ii) The applicants will not influence any witness.
(iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants 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 :- 8.12.2021
Dhananjai
1 issue framed by the court
Whether bail should be granted to the applicants in a case under Sections 363, 366A IPC given claims of false implication and jail overcrowding.
Colour shows how this judgement treated each authority
Supreme Court of IndiaReferred¶12
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons
Pawan @ Lali
Vivek Bajpayee
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
