Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47250 of 2021 Applicant :- Nausher @ Naushe Opposite Party :- State of U.P.
Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Jagadish Prasad Yadav, learned counsel for the applicant, and Sri L.D. Rajbhar, who appears for the State- respondent.
Supplementary affidavit filed today in Court by the applicant in which the applicant has referred the order dated 16.08.2021, which is taken on record.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant being Nausher @ Naushe for seeking bail in Case Crime No. 293 of 2020 under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station- Aurai, District- Bhadohi.
The bail application of the applicant has been rejected by the court below, on 08.10.2021.
The learned counsel for the applicant has argued that the first information report was lodged against the applicant as well as two others by Station House Officer, Police Station Aurai, district Bhadohi under the Gangster Act vide Crime no. 0293 of 2020. Learned counsel for the applicant has referred to page 19 of the paper book so as to contained that as per the gang-chart there is one criminal case vide crime no. 34 of 2020 shown to be against the applicant under section 3/5-A/8 of Prevention of Cow Slaughter Act. Learned counsel for the applicant has next referred to Annexure 3 at page 22 of the paper book so as to contained that he has been enlarged on bail in Criminal Misc. Bail Application No. 89 of 2020 by the court of Sessions Judge, Gyanpur, Bhadohi in case crime no. 34 of 2020. While referring to paragraph no. 3 of the body of the supplementary affidavit so as to contained that he has been enlarged on bail on 16.08.2021 in Criminal Misc. Bail Application No. 25471 of 2021, Rajesh and another vs. State of U.P. in case crime no. 290 of 2021, u/s 3/5/8 of U.P. Prevention of Cow Slaughter Act read with Section 11 of Prevention of Cruelty to Animals Act, 1960. Learned counsel for the applicant further argued that the applicant is in jail since 21.09.2021. 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 strongly opposed the bail application of the applicant but he could not point out any infirmity in the submission so raised by learned counsel for the applicant with regard to the offence shown in the gang chart.
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 Nausher @ Naushe 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.
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 :- 22.12.2021 Vikram