Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9679 of

2022

Applicant :- Shani Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Satyendra Narayan Singh

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J

Heard Shri Satyendra Narayan Singh, learned counsel

assisted by Sri Pankaj Mishra, learned counsel for the

applicant and learned AGA for the State.

A first information report was lodged against the

applicant as Case Crime No. 10 of 2022 at Police

Station Fafood, District Auraiya under Sections 418,

419, 420, 467, 468, 469, 471, I.P.C. and Sections 66C,

72, 72a of Information Technology (Amendment) Act.

The bail application of the applicant was rejected by

learned Additional Sessions Judge, Auraiya, on

05.02.2022.

The applicant is in jail since 15.01.2022 pursuant to

the said F.I.R.

Shri Satyendra Narayan Singh, learned counsel

assisted by Sri Pankaj Mishra, learned counsel for the

applicant contends that the applicant has been falsely

implicated in the instant case. Learned counsel for the

applicant further submits that the contract of the

applicant for preparation of aadhar cards was

terminated. The applicant did not wish to extend the

contract because of failing eye sight. Vague allegations

regarding preparation of forged aadhar cards has been

made in the FIR. No material particulars or specific

instances of any forgery have been disclosed in the

FIR. Learned counsel for the applicant contends that

the applicant does not have any criminal history apart

from the instant case. Lastly it is submitted 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.

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 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- Shani Kumar be released on bail in

Case Crime No. 10 of 2022 at Police Station Fafood,

District Auraiya under Sections 418, 419, 420, 467,

468, 469, 471, I.P.C. and Sections 66C, 72, 72A of

Information Technology (Amendment) Act, 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 :- 28.3.2022

Pravin

Digitally signed by PRAVIN VERMA

Date: 2022.03.29 10:28:01 IST

Reason:

Location: High Court of Judicature

at Allahabad