Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50547 of 2021 Applicant :- Manish Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Anil Kumar, learned counsel for the applicant and Sri L.D. 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 applicant Manish for seeking bail in Case Crime No.63 of 2020 under Section 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (In Short Gangsters Act) registered at Police Station- Patiyali, District-Kasganj.
The bail application of the applicant has been rejected by the court below, on 6.10.2021 passed by Special Judge (Gangster Act)/Additional District & Sessions Judge, Court No.3, Kasganj.
Learned counsel for the applicant has argued that FIR has been lodged against the applicant as well as Devraj s/o Sri Lakhan Singh Gurjar, Rampal s/o Sri Kaptan Singh Yadav, Arvind Solanki s/o Sri Mahendra Singh and Saurabh @ Baba @ Boby s/o Ramesh Chandra Yadav under Section 2/3 Gangsters Act at P.S.Patiyali, District-Kasganj on 17.3.2020.
Learned counsel for the applicant has next drawn the attention towards page no.23 of the paper book being gang chart wherein a criminal case arising out of Case Crime No.448 of 2018, under Sections 395/342/412 IPC, P.S.Patiyali, District-Kasganj has been shown pending against the applicant.
Learned counsel for the applicant has further referred to page no.26 being the order dated 8.3.2021 passed in Criminal Misc. Bail Application No.10151 of 2019, Manish Kumar Vs. State of U.P. wherein the applicant therein has been enlarged on bail.
Learned counsel for the applicant has further drawn the attention of this Court towards para 14 of the application so as to contend that there is another criminal case being Case Crime No.779 of 2017 filed against the applicant under Sections 279.
337, 338, 304A IPC, P.S. Bharthana, District Etawah against the applicant but neither the applicant is named in the FIR nor he is concerned with the said case.
Learned counsel for the applicant has thus contended that whatever cases have been sought to be shown pending against the applicant is concerned they do not constitute or come within the scope of ambit of the provisions contained in the Gangsters Act.
Learned counsel for the applicant has relied upon the orders dated 21.10.2021 passed in Criminal Misc. Bail Application No.40354 of 2021, Arvind Kumar Vs. State of U.P. as well as the order dated 22.11.2021 passed in Criminal Misc. Bail Application No.46017 of 2021, Ram Pal Vs. State of U.P. so as to contend that the co-accused who have been named in the first information report in question have been granted bail.
Learned counsel for the applicant has further submitted that he is languishing in jail since 6.10.2021 and if the accused is released on bail, he will not misuse the liberty of bail. He undertakes to cooperate in the conduction of the trial and will commit any act or omission relating to tamper with the evidence and shall not influence any of the witnesses.
Sri L.D. Rajbhar learned AGA for the State has though opposed the bail, but he is not disputed the factual statements with respect to the status of criminal case and passing of orders by court of law as referred to above.
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) 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 :- 20.12.2021 piyush