Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47738 of 2021 Applicant :- Imran Opposite Party :- State Of U.P Through Its Secretary Home Up At Lucknow Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant, and Sri K.K. 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 the applicant being Imran for seeking bail in Case Crime No. 974 of 2021, under Section 3/25 Arms Act, Police Station- Murad Nagar, District- Ghaziabad.
The bail application of the applicant has been rejected by the court below on 11.10.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by S.I. Satyaveer Singh against the applicant u/s 3/25 Arms Act, Police Station- Murad Nagar, District- Ghaziabad being FIR No. 0974 on 20.09.2021 with an allegation that during the course of the routine checking so sought to be done by the police officials, they arrested the applicant and found 4 pistols and 60 cartridges from his possession. The learned counsel for the applicant has also argued that there was no occasion for him to have possessed the aforesaid incriminating article at 01:30 a.m. at night in the light of the fact that he is a cloth merchant which is referred in paragraph no. 8 of the affidavit in support of his bail application. The learned counsel for the applicant has drawn the attention of the Court towards the fact that there was no independent witness present at the time of the alleged recovery which is being sought to be shown. He next submitted that the applicant is in jail since 20.09.2021 and the paragraph no. 13 of the applicant shows that the applicant has no criminal antecedents except the present case. He lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has 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 Imran 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 :- 22.12.2021 Nisha Digitally signed by VIKAS BUDHWAR Date: 2021.12.23 11:52:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad