Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49127 of 2021 Applicant :- Nihal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajeev Kumar Singh, learned counsel for the applicant and Sri L.D. Rajbhar, who appears for the State- respondent.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant for seeking bail in Case Crime No. 168 of 2020 under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station- Lar, District- Deoria.
The bail application of the applicant has been rejected by the court below, on 01.11.2021.
The learned counsel for the applicant has argued that the first information report was lodged against the applicant at P.S. Lar, district Deoria on 14.08.2020 vide Crime no. 0168 of 2020, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Learned counsel for the applicant has further argued that there is no case made out under the provisions of Gangster Act and drawn attention towards the page 23 of the paper book being the Gang Chart according to which there were two cases; one namely Case Crime No. 18 of 2020, u/s 323, 504, 506, 325 IPC in which applicant has already been enlarged on bail by the court of civil judge (Sr. Div.)/ F.T.C.-I, A.C.J.M. Deoria as well as second case being case crime no. 84 of 2020 under sections 325, 504, 506 IPC being Case No. 2386 of 2020, wherein the Court of Additional Civil Judge (Sr. Div.)/ F.T.C. A.C.J.M. Deoria has granted bail. Learned counsel for the applicant has thus argued that invocation of the provisions contained u/s 3 (1) of the Gangster Act is wholly misconceived besides being out of context. Learned counsel for the applicant further argued that the applicant is in jail since 16.10.2021. 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.
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 Nihal Singh 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