Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46020 of 2021 Applicant :- Abdul Wajid @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vivek Singh, learned counsel for the applicant, and Sri D. N. Tiwari, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant being Abdul Wajid @ Guddu for seeking bail in Case Crime No. 398 of 2021, under Section 2/3 U.P. Gangster Act & Prevention of Anti Social Activities Act, 1986, Police Station- Lisarigate, District- Meerut.
The bail application of the applicant has been rejected by the court below on 24.09.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by S.H.O. Ram Sajeevan Yadav against the applicant and three others u/s 2/3 U.P. Gangster Act & Prevention of Anti Social Activities Act, 1986 before police station Lisarigate, District- Meerut being FIR No. 0398 on 08.08.2021. The learned counsel for the applicant has referred to page no. 24 of the application being gang chart wherein the applicant has been shown to have been granted bail in case crime no. 1076/2019 u/s 5/25 Arms Act. Learned counsel for the applicant has also referred to order dated 21.01.2020 passed in case crime no. 1076/2019, u/s 5/25 Arms Act enlarging the applicant on bail.
Sri D.N. Tiwari, learned A.G.A. has placed before this Court the instruction dated 11.10.2021 showing the fact that in paragraph no. 3 there is another case in case crime no. 1077/2019 u/s 3/25 Arms Act and according to the learned A.G.A. the said case does not have any material bearing.
The learned counsel for the applicant has further argued that he is languishing in jail since 08.09.2021. He lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail.
Counter the said submission learned A.G.A has opposed the bail applicant but he could not show any infirmity in the factual aspect so sought to be argued by learned counsel for the applicant.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Abdul Wajid @ Guddu involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). 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.
(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021 Nisha