Siddharth, J. - (1.) Heard learned counsel for the applicants and learned A.G.A. .
(2.) The allegation against the applicants is that when they were planning to commit theft, they were caught by the police on the information given by the informant. It is submitted that it is a case of false implication.The allegations in the First Information Report itself are not credible.The applicants are in jail since 12.12.2019.The criminal history of applicant no.1 has been explained in paragraphs 4 to 9 of supplementary affidavit.
(3.) Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid facts. Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. ;