This judgment allows a bail application filed by Nazre Alam, who was falsely implicated and suffered jail overcrowding risks. The court noted lack of independent witnesses and issued bail with conditions.
Applicant released on bail on furnishing personal bond and two sureties subject to specific conditions regarding tampering and witness influence.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35183 of 2021
Applicant :- Nazre Alam Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Pradeep Kumar, learned counsel for the applicant, and learned AGA for the State.
A first information report was lodged as Case Crime No.214 of 2021 at Police Station-Kotwali, DistrictMaharajganj under Section 379 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Maharajganj, on 06.07.2021.
The applicant is in jail since 15.06.2021, pursuant to the said F.I.R.
Shri Pradeep Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Motorcycles were planted on the person of the applicant to frame him in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant is a soft target for the police authorities who repeatedly nominate him in a number of unnamed F.I.Rs. only to burnish their
professional credentials. The aforesaid cases do not have any bearing on the instant case. 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.
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 -Nazre Alam involved in Case Crime No.214 of 2021 at Police Station-Kotwali, DistrictMaharajganj under Section 379 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.
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 Dhananjai
2 issues framed by the court
Whether the applicant is entitled to bail given contentions of false implication and jail overcrowding.
Whether the jail overcrowding situation during the pandemic justifies bail.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶12
Nazre Alam
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
