Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45850 of 2021 Applicant :- Rahmat Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Asim Zulfiquar Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Mohd. Asim Zulfiquar, 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- Rahmat Ali for enlarging him on bail in connection with Case Crime No.86 of 2021, under Sections 2/3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, registered at Police Station- Charwa, District-Kaushambi.
The bail application so preferred by the applicant in the above noted case has been rejected on 6.10.2021 by the court of Addl. District and Sessions Judge, 6th/ Special Judge, Gangsters Act, Kaushambi in Bail Application No. 12 of 2021.
Learned counsel for the applicant has argued that a first information report has been lodged against the applicant before P.S. Charwa, District Kaushambi, being FIR No. 0086 under Section 2/3(1) of U.P. Gangsters Act against the applicant as well as one Mallu @ Dilshad and Saufiyan taking into account the fact that applicant is a gangster and has been implicated in Case Crime no. 55 of 2021, under Section 379 of IPC and 3/5A/8 of Cow Slaughter Act, P.S. Charwa, District Kaushambi. Learned counsel for the applicant has further argued while referring to the gang-chart, which is already on record as Annexure-2 at page-22 of the paper book, so as to contend that in the aforesaid case, the applicant has been enlarged on bail on 26.4.2021 by the court of Addl. Sessions Judge/ Fast Track Court no. 2, Kaushambi in Bail Application No. 271 of 2021, Rahmat Ali vs. State of U.P. and thus the invocation of the provisions contained under the Gangsters Act is illegal. Learned counsel for the applicant submitted that he is in jail since 30.9.2021, if he is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA for the State has though opposed the bail, but could not dispute the fact that barring the solitary case controverted the above mentioned facts.
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- Rahmat Ali 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 :- 21.12.2021 N.S.Rathour