Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52513 of 2021 Applicant :- Fareed Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sunil Kumar Tiwari learned counsel for the applicant and Sri L.D. Rajbhar 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 applicant Fareed for seeking bail in Case Crime No.034 of 2021 under Sections 2/3 U.P. Gangsters and Anit-Social Activities (Prevention) Act registered at Police Station-Bramhapuri, District-Meerut.
The bail application of the applicant has been rejected by the court below on 13.7.2021.
Learned counsel for the applicant has argued that an FIR has been lodged SHO Subhash Atri against the applicant as well as one Sri Idarees s/o Iqbal before Police Station-Bramhapuri, District-Meerut on 31.1.2021, under Sections 2/3 U.P. Gangsters and Anit-Social Activities (Prevention) Act.
Learned counsel has drawn the attention of this Court that there are three criminal cases shown to be pending against the applicant. He has then argued that so far as Case Crime No.421/420, under Sections 411, 414, 420 IPC is concerned he has been enlarged on bail by virtue of the order dated 7.8.2020 passed by Additional Sessions Judge, Meerut, Court No.19 in Bail Application no.1977 of 2020. Similarly, so far as the second case being Case Crime No.456 of 2020, under Sections 379, 411 IPC and in the said case also the applicant has been enlarged on bail by the court of Additional Sessions Judge, Court No.15 Meerut by virtue of the order dated 21.8.2020 in Bail Application No.2533 of 2020. Similarly, so far as the third case being Case Crime No.349 of 2020, under Sections 379 and 411 IPC, the applicant has been bailed out by virtue of the order dated 30.9.2020 in Bail Application No.3481 of 2020.
In the nutshell, the argument of learned counsel for the applicant is to the extent that the invocation of the provision under Section 2 read with Section 3 of the Gangsters Act is illegal and not borne out from the record.
Learned counsel for the applicant has also drawn the attention towards para 14 of the application so as to contend that there is no criminal history except stated herein above and he is in jail since 17.3.2021.
Learned AGA for the State has though opposed the bail but has not controverted the above mentioned facts.
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 Fareed 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) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants 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 piyush