JUDGEMENT
AJAY BHANOT,J -
(1.)Heard.
The correction application is allowed.
Necessary correction has been incorporated in the order dtd. 13/12/2021. The correct order shall read as under:
"Heard Shri Kranti Kiran Pandey, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.18 of 2019 at Police Station-Bargarh, District-Chitrakoot under Ss. 394 IPC and 12, 14 of the Uttar Pradesh Dacoity Affected Areas Act, 1983.
The bail application of the applicant was rejected by learned Incharge Special Judge (Dacoity Affected Areas Act/Additional Sessions Judge, Court No.5, Chitrakoot on 7/6/2021.
The applicant is in jail since 23/10/2019, pursuant to the said F.I.R.
Shri Kranti Kiran Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. The applicant was named in the statements made by the co-accused, namely, Mohd. Akram @ Monu and Abrar before the police authorities and were given a long time after the incident. The aforesaid statements are not reliable. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no 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.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
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-Shabbir @ Biru involved in Case Crime No.18 of 2019 at Police Station-Bargarh, District-Chitrakoot under Ss. 394 IPC and 12, 14 of the Uttar Pradesh Dacoity Affected Areas Act, 1983, 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.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not directly or indirectly make any 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court."
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