Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51738 of 2021 Applicant :- Gulfan Opposite Party :- State of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Anwar Hussain learned counsel for the applicant and Sri L.D. Rajbhar learned AGA, who appears for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Gulfan for seeking bail in Case Crime No.445 of 2020 under Section 363 I.P.C. registered at Police Station-Ramgarh District-Firozabad.
The bail application of the applicant has been rejected by the court below on 10.11.2021.
Learned counsel for the applicant has argued that the first information report has been lodged against one Mazar and Furkan on 18.9.2020 regarding commissioning of the offence on 17.9.2020.
Learned counsel for the applicant has argued that from the bare perusal of the first information report it will clearly reveal that the applicant does not find place there though statement so recorded by the victim under Section 161 of the Cr.P.C. at page 34 major role has been assigned against the applicant with regard to the fact that Mazar and Furkan has taken the victim to the house of the Gulfan and Burkha as well as slipers were offered by the wife of the applicant.
Learned counsel for the applicant has also referred to the statement made of the victim under Section 164 Cr.P.C. so buttress the statement that there is no link whatsoever regarding commissioning of the offence. He has further argued that the entire allegation referable to rape is upon Mazar and not the applicant.
Learned counsel for the applicant has also argued that he has been falsely implicated in the said case and the main accused Mazar has already been enlarged on bail borne of the order dated 15.11.2021 passed in Criminal Misc. Bail Application No.39716 of 2021 and thus the applicant is also entitle to parity.
Learned counsel for the applicant has also drawn the attention towards para 15 of the application so as to contend that there is no criminal history and he is languishing in jail since 10.11.2021.
Countering the submissions learned AGA has opposed the bail application. However, he could not dispute the factual aspect of this case.
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 Gulfan 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 Digitally signed by VIKAS BUDHWAR Date: 2021.12.23 16:58:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad