The High Court allowed a bail application filed by Achchan in a theft and cheating case involving false implication and self-incriminatory recovery during police custody. The court rejected the credit of prosecution evidence and granted bail.
Applicant Achchan released on bail on personal bond and sureties satisfying court below.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13781 of 2022
Applicant :- Achchan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 440 of 2021 at Police Station-Tanda, District-Rampur under Sections 457, 380, 411 I.P.C. The applicant is in jail since 07.01.2020.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Rampur on 17.02.2022.
Shri Ram Kumar Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was nominated in a statement made by a co-accused before the police authorities. The said statement insofar as it implicates the applicant is unreliable. Even as per the prosecution case set out in the F.I.R. jewellery articles and Rs. 2,000/- were recovered "at the pointing out of the applicant". The pointing out was made while the applicant was in the police custody. Insofar as the applicant is concerned, the pointing out was extracted by coercion and made under duress. There is no
independent witness to the recovery. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the applicant being from poor economic strata and having low social station the applicant has become a soft target and convenient scapegoat for the police authorities who nominated him in the false cases to burnish their professional credentials. The applicant never misused the liberty of bail. The said cases do not relate to heinous crime and have no bearing on the instant case. The applicant is not a flight risk. 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 Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
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- Achchan be released on bail in the aforesaid case crime number, 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 :- 6.4.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.07 10:49:21 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant qualifies for bail given the allegations of false implication and prior rejection.
Whether the high court finds merit in the applicant's claim of being a scapegoat.
Achchan
State of U.P.
Ayay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
