Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41164 of 2021 Applicant :- Rajesh Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Dharmendra Kumar Yadav, learned counsel for the applicant and Sri L.D. Rajbhar learned AGA, who appears for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Rajesh for seeking bail in Case Crime No.1245 of 2020 under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 (In short Gangsters Act) registered at Police Station- Kavi Nagar, District-Ghaziabad.
Learned counsel for the applicant has argued that he was falsely implicated in Case Crime No.741 of 2020 purported to be under Sections 380, 411, 457 IPC, Police Station- Kavi Nagar, District-Ghaziabad. Being aggrieved against the same the applicant herein preferred a Criminal Misc. Bail Application No.46216 of 2020 came to be allowed on 16.10.2020 whereby whereinunder the applicant was enlarged on bail.
Learned counsel for the applicant has further argued that there was another criminal case which was being lodged against him relating Case Crime No.787 of 2020 purported to be under Sections 380, 411, 427, 457 IPC, Police Station- Kavi Nagar, District-Ghaziabad.
The applicant has also been bailed out by virtue of order dated 23.2.2021 passed in Criminal Misc. Bail Application No.46216 of 2020, Rajesh Vs. State of U.P. Now taking shelter of the same a first information report has been lodged by S.H.O. Nagendra Chaubey against the applicant as well as one Monu Jatav @ Bona s/o Pappu Jatav under Section 2/3 of the Gangsters Act, Police Station- Kavi Nagar, District-Ghaziabad In the nutshell the argument of learned counsel for the applicant is to the extent that on the basis of the criminal cases so sought to be lodged against him wherein applicant bailed out, the same cannot be treated to be the part and parcel for the purpose of detaining the applicant as the applicant itself is languishing in jail since 14.6.2020. He has no criminal history. 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.
As per the pleadings set forth in the present bail application an FIR has been lodged on 9.9.2020.
The bail application of the applicant has been rejected by the court below, on 16.10.2020.
Countering the said submission, Sri L.D. Rajbhar learned AGA for the State has argued that though the applicant herein has not appended the gang-chart but he has received instructions by him, according to which there are two cases pending against the applicant being Case Crime No.741 of 2020 under Sections 380, 411, 457 IPC, and Case Crime No.787/20 under Sections 380, 427, 457, 411 IPC and in both the cases the applicant has been bailed out. A photocopy of the gang chart filed by learned AGA is kept in the file, which shall be treated as part of record 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 Rajesh 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 :- 21.12.2021 piyush