BAIL/44238/2021 of KARAN RAJPUT @ DHARMENDRA Vs State of U.P. on 24 December 2021

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44238 of 2021

Applicant :- Karan Rajput @ DharmendraOpposite Party :- State of U.P.Counsel for Applicant :- Vinay Kumar MishraCounsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Shri Vinay Kumar Mishra, learned counsel for the applicant and Sri Indra Prakash Srivastava,learned A.G.A. for the State.

A first information report was lodged as CaseCrime No.149 of 2017 at Police Station-Sirsakalar,District-Jaluan under Sections 411, 413, 420, 467,468, 471 IPC.

The bail application of the applicant was rejectedby learned Special Judge (E.C.Act), Jalaun at Oraion 18.05.2021.

The applicant is in jail since 02.03.2021, pursuantto the said F.I.R.

Shri Vinay Kumar Mishra, learned counsel for theapplicant contends that the applicant has beenfalsely implicated in the instant case. The applicantmoved to another town in search of livelihood.This caused a communication gap between theapplicant and his counsel. The applicant was notcommunicated the dates in the proceedings beforethe trial court which led to his absence in the trial.

Learned counsel for the applicant contends that the applicant is a law abiding citizen and undertakes tocooperate in the proceedings and to appear beforethe court whenever directed. Learned counsel forthe applicant has explained the criminal history ofthe applicant and contends that the same has nobearing on the instant case. Lastly it is contendedby the learned counsel for applicant that theapplicant shall not abscond and will fully cooperatein the criminal law proceedings. The applicant shallnot tamper with the evidence nor influence thewitnesses in any manner.

Learned A.G.A could not satisfactorily dispute theaforesaid submissions from the record. However,he does not contest the criminal history of theapplicant as disclosed in the bail application.

Courts have taken notice of the overcrowding ofjails during the current pandemic situation (Ref.:Suo Motu Writ Petition (c) No. 1/2020, Contagionof COVID 19 Virus in prisons before the SupremeCourt of India). These circumstances shall also befactored in while considering bail applications onbehalf of accused persons.

I see merit in the submissions of the learnedcounsel for the applicant and hold that the applicantis 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-Karan Rajput @ Dharmendrainvolved in Case Crime No.149 of 2017 at PoliceStation-Sirsakalar, District-Jaluan under Sections411, 413, 420, 467, 468, 471 IPC, be released onbail on furnishing a personal bond and two suretieseach in the like amount to the satisfaction of thecourt concerned subject to following conditions.