Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36611 of 2021 Applicant :- Guddu @ Anwar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant, and Sri L.D. Rajbhar, the 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- Guddu @ Anwar for seeking bail in Case Crime No. 256 of 2021, under Sections 380, 457, 411 IPC, registered at Police Station- Civil Lines, District-Aligarh.
The bail application of the applicant- Guddu @ Anwar, has been rejected by court of Addl. District and Sessions Judge, Court No.5, Aligarh by virtue of order dated 22.7.2021.
Learned counsel for the applicant has contended that the FIR was lodged by the complainant being Smt. Parveen against unknown persons before P.S. Civil Lines, District Aligarh on 1.6.2021, registered as Case Crime no. 0256 of 2021, under Sections 380, 457 IPC alleging that when the complainant had gone outside from her house to meet her daughter as well as son-in-law, then she received an information from her maid servant that on 31.5.2021, a robbery took place in her house, wherein the locks were found open and a two-wheeler being Activa was stolen. Learned counsel for the applicant has further argued that the recovery of the two-wheeler was shown in the joint possession of the applicant as well as co-accused Naushad and Munna @ Munazir, but the applicant has been illegally shown to have committed the said offences in view of the fact that neither the applicant was named in the FIR, nor the possession of the vehicle was found from him, but the alleged recovery memo has been prepared just in order to implicate the applicant. The learned counsel for the applicant has next contended that there is one criminal case pending against the applicant being Case Crime No. 261 of 2021, under Section 4/25 of the Arms Act, which in no manner whatsoever taint or make the criminal history of the applicant, while referring to paragraph-9 of the affidavit filed in support of the bail application. Learned counsel for the applicant has further argued that if he is enlarged on bail, he will cooperate with the investigation and will not tamper with the witnesses.
Countering the said submission, learned A.G.A, has placed before this Court the instructions, wherein he has though sought to contest the present bail application while arguing that the present bail application is not liable to be allowed, but could not dispute the fact that there is only one criminal case pending against the applicant being Case Crime no. 261 of 2021, under Section 4/25 of Arms Act registered at P.S. Civil Lines, District Aligarh.
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- Guddu @ Anwar 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 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 :- 20.12.2021 N.S.Rathour