Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49496 of 2021 Applicant :- Afzal Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Amit Kumar Dubey, learned counsel for the applicant and Sri L.D. Rajbhar, who appears for the State-respondent.
Supplementary affidavit filed is taken on record.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant for seeking bail in Case Crime No. 518 of 2020 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station- Nawabad, District- Jhansi.
The bail application of the applicant has been rejected by the court below, on 06.02.2021.
The learned counsel for the applicant has argued that the first information report was lodged against the applicant and three others by informant Ajay Kumar Singh at P.S. Nawabad, district Jhansi on 17.10.2020 vide Crime no. 518 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Learned counsel for the applicant has referred page 17 of the paper book which is gang chart. According to learned counsel for the applicant in so far as the case crime no. 471 of 2020, u/s 279/411 IPC P.S. Nawabad, District Jhansi is concerned the applicant has been enlarged on bail in first bail application no. 737 of 2021 on 16.04.2021 by the court of Additional District and Sessions Judge (POCSO) Court No. 9, Jhansi which is at page 6 of the supplementary affidavit filed today as well as case crime no. 472 of 2020, pertaining to Sections 379, 411 IPC, he has already been enlarged on bail by virtue of order dated 06.07.2021 in First Bail Application No. 1360 of 2021 by the court of Additional District and Sessions Judge (POCSO) Court No. 9, Jhansi as well as so far as case crime no. 476 of 2020, u/s 401, 411, 413, 41 IPC, P.S. Nawabad, District Jhansi is concerned, the applicant has already been bailed out by virtue of order dated 31.05.2021 by the court of Incharge Additional Sessions Judge, Jhansi. In nut shell the submission of learned counsel for the applicant is that once the applicant has been bailed out in the aforesaid case crime, then there was no occasion here to invoking the provisions contained under the Gangster Act. Learned counsel for the applicant further submits that the applicant is in jail since 20.09.2020. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has strongly opposed the bail application of the applicant but he could not point out any infirmity in the submission so raised 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 Afzal 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 Vikram