Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35807 of 2021 Applicant :- Kaimuddin Shah Opposite Party :- State of U.P.
Counsel for Applicant :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Abhishek Ankur Chaurasia, 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- Kaimuddin seeking bail in Case Crime No. 15 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station- Raipur, District- Sonbhadra.
The bail application has been rejected by virtue of the order dated 13.8.2021 by the Court of Special Judge, Gangsters Act/ Additional Sessions Judge (F.T.C.), Sonbhadra in Criminal Misc. Bail Application No. 1180 of 2021.
Learned counsel for the applicant has argued that earlier, an FIR had been lodged against unknown three accused on 21.8.2019 before the P.S. Raipur, District Sonbhadra being FIR No. 0052 containing allegations referable to Section 3/5-A/8 of Cow Slaughter Act read with Section 11 of the Prevention of Animal Cruelty Act and Section 307 of IPC, 1860. The applicant was granted bail by the Court of Sessions Judge, Sonbhadra in Crl. Misc. Bail Application No. 26 of 2020, Kalimuddin Shah and others Vs. State, by virtue of order dated 24.1.2020, a copy whereof is also on record at page-37 of the paper-book. Now, another FIR has been lodged against the applicant and two others being Suyeb Shah son of Munna Shah and Ekram Ahmad @ Lala son of Ilyas with respect to the provisions contained under Section 3(I) of the Gangsters Act. Learned counsel for the applicant has further argued that the applicant is innocent and once he had been enlarged on bail, in pursuance of the offences under Sections 3/5A/8 of the Cow Slaughter Act, Section 11 of the Prevention of Animal Cruelty Act and Section 307 of IPC, then there is no occasion for the prosecution to have implicated the applicant under provisions of Section 3(1) of the U.P. Gangsters (Prevention) Act. Learned counsel for the applicant has also drawn attention of this Court towards paragraph-12 of the application, whereby whereinunder the applicant has been prosecuted with respect to his alleged involvement in Case Crime no. 129 of 2020 under Sections 3/5A/5B/8 of Cow Slaughter Act, and Section 11 of the Prevention of Animal Cruelty Act, P.S. Ahraura, District Mirzapur.
Today, learned counsel for the applicant has forwarded the copy of the order dated 18.2.2021 in Bail Application No. 9336 of 2021, Kaimuddin Shah Vs. State of U.P., so as to contend that he has been enlarged on bail. Learned counsel for the applicant has further contended that the co-accused Suyeb Shah has been granted bail in Bail Application No. 42074 of 2021, on 25.10.2021, as well as Ekram Ahmad @ Lala were enlarged on bail in Bail Application No. 21487 of 2021 on 10.6.2021, thus the applicant is also entitled to be granted the same relief.
In nutshell, the argument of the applicant is to the extent that the invocation of the provisions contained under Section 3(1) of the Prevention of Animal Cruelty Act is wholly illegal, as applicant cannot be said to be a gangster.
Countering the said submission, the learned A.G.A, has vehemently argued that this is not a fit case, wherein bail should be granted in favour of the applicant. However, the learned A.G.A. could not dispute the factum of grant of interim protection by virtue of order in Criminal Misc. Bail Application no. 9336 of 2021 dated 18.2.2021, as well as the factum of the grant of bail by the court below on 24.1.2020 in Bail Application No. 26 of 2020, Kaimuddin Shah Vs State of U.P.
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- Kaimuddin Shah 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