The Single Judge allowed the bail application of Rakesh Kumar, who was falsely implicated in a cheating case. Considering the pandemic and lack of criminal history, the court ordered his release on personal bond and two sureties.
Released on bail on furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20173 of 2021
Applicant :- Rakesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Pramjeet Patel, Advocate holding brief of Shri Nirbhay Singh, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.209 of 2019 at Police Station-Sidhpura, DistrictKasganj under Sections 420, 406, 504, 506 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Kasganj, on 07.01.2021.
The applicant is in jail since 04.11.2019, pursuant to the said F.I.R.
Shri Shri Pramjeet Patel, Advocate holding brief of Shri Nirbhay Singh, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The applicant is not a beneficiary of any illicit transaction made by the informant or any other person. There is no evidence in the record of any money transaction made in favour of the applicant. Apart from this 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.
Shri Anupam Anand, learned brief holder for the State 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.
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- Rakesh Kumar involved in Case Crime No.209 of 2019 at Police Station-Sidhpura, DistrictKasganj under Sections 420, 406, 504, 506 I.P.C. 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.
date fixed, unless personal presence is exempted.
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 :- 29.11.2021 Israr
1 issue framed by the court
Whether bail should be granted to the applicant considering the circumstances including pandemic conditions and lack of criminal history.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶12
Rakesh Kumar
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
