Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47017 of 2021 Applicant :- Jai Prakash Pandey @ Chhotu Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Tripathi,Mandvi Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Supplementary affidavit filed is taken on record.
Heard Sri Mandvi Tripathi, learned counsel for the applicant and 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 applicant Jai Prakash Pandey @ Chhotu for seeking bail in Case Crime No.311 of 2021 under Sections 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 registered at Police Station- Cantt., District-Prayagraj.
The bail application of the applicant has been rejected by the Special Judge (Gangsters Act) Allahabad on 29.9.2021.
Learned counsel for the applicant has further argued that an FIR has been lodged by one Sri Chandra Bhan Singh in the capacity of S.I. under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station-Cantt., District-Prayagraj on 10.9.2021 against applicant and 8 other persons.
Learned counsel for the applicant has further argued while drawing the attention of this Court towards the gang chart which is on record as annexure-2 page 29 of the paper book so as to contend that there are two criminal cases pending against the applicant being Case Crime No.220 of 2021 under Sections 379/411 IPC and Case Crime No.228 of 2021 under Sections 379/411 IPC.
Learned counsel for the applicant has further referred to the order dated 3.8.2021 passed by Additional Sessions Judge, Court No.21, Allahabad in Bail Application No.4447 of 2021 so as to further contend that he has been enlarged on bail in the said case crime number.
Learned counsel for the applicant has further relied upon the order dated 9.8.2021 passed by Additional Sessions Judge Court No.11 Allahabad in Bail Application 4479 of 2021 so as to contend that he has been enlarged on bail in Case Crime No.228 of 2021 under Sections 379 and 411 IPC.
Perusal of the supplementary affidavit also shows that the applicant has been enlarged on bail with reference to the 235 of 2021, under Sections 411, 414, 467, 468 & 471 IPC registered at P.S. Cantt. District Prayagraj in Criminal Misc. Bail Application No.40034 of 2021 dated 1.12.2021 as well as the order dated 22.10.2021 passed in Criminal Misc. Bail Application No.40788 of 2021 relating to Case Crime No.224 of 2021, under Sections 399, 401, 411, 413, 414, 420, 467, 468, 471 and 474 IPC, P.S. Cantt. District Prayagraj.
In nutshell learned counsel for the applicant argument is to the extent that invocation of the provisions of the Gangsters Act is illegal and the applicant is unnecessary languishing in jail since 18.9.2021.
Learned counsel for the applicant has further argued that in the same case crime number bail has been granted in favour of co- accused Rajkumar Yadav @ Ramu Yadav in Criminal Misc. Bail Application No.48305 of 2021 on 17.12.2021 and in favour of co-accused Aditya Singh in Criminal Misc. Bail Application No.45347 of 2021 on 17.11.2021.
Learned AGA for the State has though vehemently opposed the bail but he could not dispute the fact that the applicant had been enlarged in the above noted cases.
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 Jai Prakash Pandey @ Chhotu 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 :- 21.12.2021 piyush