Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39642 of 2021 Applicant :- Manish Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Pratap Singh,Ramesh Kumar Pandey,Vishal Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Ramesh Kumar Pandey, 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 the applicant being Manish for seeking bail in Case Crime No. 384 of 2021 under Section 420 I.P.C. & 52 and 53 of Disaster Management Act and 3 Epidemic Act registered at Police Station- Ghaziabad Kotwali, District- Ghaziabad.
The bail application of the applicant has been rejected by the court below, on 18.08.2021.
The learned counsel for the applicant has argued that the FIR was lodged by S.I. Dinesh Pal against the applicant and one other person, namely, Lokesh S/o Hariom Gupta alleging the commission of the offence u/s 420 IPC & 52 and 53 of Disaster Management Act and 3 Epidemic Act being FIR No. 0384 on 16.05.2021 wherein it has been alleged that the applicant along with the co-accused being Lokesh were sitting in a swift-dzire car and they were in possession of four empty oxygen cylinders for black marketing of the same by taking advantage of the scarcity of the oxygen cylinders during the Covid-19 pandemic and when they were asked to furnish the ownership document of the vehicle in question, they will refused to render the same. The learned counsel for the applicant has further argued that the co-accused being Lokesh's sister was admitted in the hospital and they were waiting for a person for filling up the cylinders for treatment of Lokesh's sister. The learned counsel for the applicant has next argued that the applicant is in jail since 23.07.2021 and the paragraph no. 13 of the application shows that the applicant has no criminal history. He lastly submits 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 Manish 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
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 :- 20.12.2021 Nisha