Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54393 of 2021 Applicant :- Samir Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Avinash Pandey, 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 Samir for seeking bail in Case Crime No.300 of 2020 under Section 2/3 of U.P. Gangsters and Ante-Social Activities (Prevention) Act, 1986 (In short Gangsters Act) registered at Police Station- Adarsh Mandi Shamli, District-Shamli.
The bail application of the applicant has been rejected by the court below on 16.3.2021.
Learned counsel for the applicant has argued that a first information report has been lodged against the applicant by one Sri Sandeep Baliyan SHO under Section 2/3 of the Gangsters Act against the applicant and five others before Police Station- Adarsh Mandi Shamli, District-Shamli on 1.10.2020. He has referred to page 16 being photocopy of the Gang Chart the fact that there are four criminal cases pending against the applicant. While referring to the cases mentioned in the Gang Chart he has argued that so far as Case Crime No.491 of 2019, under Sections 147, 148, 149, 307, 414 IPC. is concerned the applicant has been enlarged on bail by virtue of the order dated 18.3.2021 passed in Bail Application No.511 of 2021 by the court of Additional District & Sessions Judge/Special Judge (POCSO), Shamli. Similarly so far as Case Crime No.295 of 2019, under Section 379 IPC is concerned he has also been bailed out on 2.3.2021 by the court of Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Shamli. Similarly, so far as Case Crime No.793 of 2019 is concerned which is under Section 379 IPC, the applicant has been bailed out by virtue of order dated 25.3.2021 by the court Sessions Judge, Shamli and so far as the Case Crime No.263 of 2019, under Section 379 & 411 IPC is concerned he has also been bailed out on 24.3.2021 by the court of Sessions Judge, Shamli.
Learned counsel for the applicant has also annexed as annexure-3 at page 27 of the paper book the order dated 9.5.2019 passed by the Sessions Judge, Baghpat in Bail Application No.653/19 bailing the applicant in Case Crime No.1094 of 2018, under Section 380, 457, 411 IPC and also referred to the order dated 26.4.2019 passed in Bail Application No.600/19 wherein the applicant has been bailed out in Case Crime No.1369 of 2018, under Sections 380 & 457 IPC.
Learned counsel for the applicant has argued that he was also made a part and parcel of the proceedings in the case under Section 3/25 of the Arms Act. However, the same will have no material bearing in issue in question.
In nutshell learned counsel for the applicant argument is to the extent that invocation of the provisions as contained under Gangsters Act is patently illegal and the applicant is unnecessary languishing in jail since 20.12.2020.
Countering the said submission learned AGA for the State has though opposed the bail but has not 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 Samir 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 :- 22.12.2021 piyush