Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51001 of 2021 Applicant :- Irshad Opposite Party :- State of U.P.
Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shahzad Alam, 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- Irshad for seeking bail in connection with G.T. No. 49/2020, Case Crime No.74 of 2020, under Sections 3(1) U.P. Gangster and Anti- Social Activities Act, 1986, P.S. Gambhirpur, District Azamgarh.
The bail application of the applicant has been rejected by the court of Addl. District and Sessions Judge, Court No. 6/ Special Judge (Gangster Act), Azamgarh by virtue of order dated 16.11.2021.
Learned counsel for the applicant has argued that a first information report was lodged by the complainant against the applicant being Irshad son of Hakimuddin and 7 others including Shahzad son of Shahabuddin under Section 3(1) of U.P. Gangster and Anti-Social Activities Act, 1986, at P.S. Gambhirpur, District Azamgarh on 15.5.2020. Learned counsel for the applicant has also referred to page 16 of the paper-book so as to contend that there is only one criminal case pending against the applicant being Case Crime No. 111 of 2019, under Section 3/5A/8 of Prevention of Cow Slaughter Act and 11 Animal Cruelty Act. Learned counsel for the applicant has next argued that the order dated 17.1.2020 rejecting the bail application of the applicant is not sustainable in the eyes of law, as none of the ingredients as contained under Section 3 (1) of the U.P. Gangster and Anti-Social Activities Act, 1986, against the applicant, particularly, in view of the fact that the applicant has not committed any offence, so much so, learned counsel for the applicant has also relied upon the order dated 25.8.2020 passed in Bail Application No. 19933 of 2020, Shahzad vs.
State of U.P., wherein Shahzad, whose name finds place at Sl. No. 5 of the gang-chart at page-16 of the Paper-book has been enlarged on bail, as the case of the applicant is on a better footing, vis-a-vis Shahzad son of Shahabuddin, as in the case of Shahzad son of Shahabuddin, there are two criminal cases pending against him being Case Crime no. 111/2019 under Sections 7/5A/8 of the Cow Slaughter Act, as well as Case Crime No. 108 of 2016, under Sections 323, 504, 506, 427 IPC and 3(1) of U.P. Gangsters Act. Learned counsel for the applicant has further contended that applicant is languishing in jail since 8.11.2021. If the accused is released on bail, he will cooperate with the investigation and shall not misuse the liberty of bail.
The 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- Irshad 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