Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39952 of 2021 Applicant :- Amar @ Amardeen Opposite Party :- State of U.P.
Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Meraj Ahmad Khan, learned counsel for the applicants and Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.570 of 2020 at Police Station-Sardhana, District-Meerut under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The bail application of the applicants was rejected by learned Special Judge (Gangster Act), Meerut on 31.08.2021.
The applicants are in jail since 25.08.2021, pursuant to the said F.I.R.
Shri Meraj Ahmad Khan, learned counsel for the applicants contends that the applicant has been falsely implicated in the instant case. The applicants have been enlarged on bail in the two criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicants as disclosed in the bail application.
However, learned AGA points out that criminal history of one case under Section 174A IPC has not been disclosed by the applicants in the bail application.
Rejoining the issue, Shri Meraj Ahmad Khan, learned counsel for the applicants contends that the aforesaid case has no bearing on the instant case.
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 the learned counsel for the applicants and hold that the applicants are 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 applicants-Amar @ Amardeen and Shoaid @ Shaibu involved in Case Crime No.570 of 2020 at Police Station-Sardhana, District-Meerut under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 them 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.
Order Date :- 20.12.2021 Ashish Tripathi