The Allahabad High Court has granted bail to an accused from whom a country-made pistol was recovered in view of the corona infection and overcrowding of prisoners in jails over capacity.
A single-judge bench Of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Karu @ Indrabhan. An FIR was lodged as Case at Police Station Sakeet, District Etah under Sections 3/25 of the Arms Act.
The bail application of the applicant was rejected by Sessions Judge, Etah on June 11, 2021. The applicant is in jail since April 06, 2021, pursuant to the said FIR.
Ajendra Kumar, counsel for the applicant, contended that the applicant has been falsely implicated in the case. A country-made pistol was planted on the applicant to frame him in the case to show proficiency of police investigators. There is no independent witness to the recovery.
The 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 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.
Additional Government Advocate could not satisfactorily dispute the aforesaid submissions from the record. However, he did not contest the criminal history of the applicant as disclosed in the bail application.
The 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.
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“I see merit in the submissions of the counsel for the applicant and hold that the applicant is entitled to be enlarged on bail,” the court observed while allowing the bail application.
The Court ordered the applicant-Karu @ Indrabhan involved in Case at Police Station Sakeet, District-Etah under Sections 3/25 of the Arms Act, 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.