Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46623 of 2021 Applicant :- Gudiya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rashid Ali Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rashid Ali, learned counsel for the applicant, and Sri P. K. Bharadwaj, 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 Gudiya Devi for seeking bail in Case Crime No. 0300 of 2020, under Section 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act, Police Station- Chopan, District- Sonbhadra.
The bail application of the applicant has been rejected by the court below on 27.09.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by one Naveen Kumar Tiwari against eight named accused persons including the applicant u/s 3(1) U.P. Gangster Act and Anti Social Activities (Prevention) Act being FIR no. 0300 on 02.11.2020 showing the commissioning of the said offence referring to the criminal case no. 206/2020 u/s 342, 363, 366, 366A, 370, 376 IPC and section 3/4, 16/17 POCSO Act in which the applicant has already been bail out by virtue of the order dated 04.08.2021 passed in Crl. Misc. Bail Application No. 41221 of 2020. Thus, there was no occasion to falsely implicate the applicant in the said case. The learned counsel for the applicant has relied upon the orders dated 08.04.2021, 08.12.2021, 22.06.2021 and 20.07.2021, 31.08.2021 passed in Crl. Misc. Bail Application Nos. 12170 of 2021, 39658 of 2021, 16989 of 2021, 31130 of 2021 and 23412 of 202 1 whereby the co-accused persons namely, Ram Sajeewan, Sant Lal, Raj Kumar and Dinesh Ram have enlarged on bail, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The learned counsel for the applicant has next argued that the applicant is in jail since 11.08.2020. He lastly submits that if the applicant is released on bail, she will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the fact that the applicant does not possess any criminal history.
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 Gudiya Devi 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 :- 21.12.2021 Nisha