Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46026 of 2021 Applicant :- Sarkesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Supplementary affidavit filed on behalf of the applicant today, is taken on record.
Heard Sri Raj Kumar Mishra, learned counsel for the applicant, and Sri K.K. Rajbhar, 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 Sarkesh Yadav for seeking bail in Case Crime No. 336 of 2021, under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act registered at Police Station- Chhata District- Mathura.
The bail application of the applicants has been rejected by the court below, on 29.09.2021.
Learned counsel for the applicants has argued that the FIR has been lodged against the applicant by one Sri Pradeep Kumar against nine named accused persons including the applicant under section under Sections 2/3 of U.P. Gangster and Anti- Social Activities (Prevention) Act. P.S. Chhata, District- Mathura being FIR No. 0336 on 16.09.2021. The learned counsel for the applicant has further argued that a sole basis of alleging the FIR is in relation to the case crime no. 171 of 2021, u/s 15(2) of Petroleum and Khaniz Pipeline Sudharan Adhiniyam 1934, u/s 3/4 of Explosive Substance Act, u/s 3/4 Prevention of Damages to Public Property Act, 1984, 285/34 IPC, P.S. Chatta, District Mathura wherein the applicant has already enlarged on bail vide order dated 09.11.2021 passed by the coordinate Bench of this Court in Crl. Misc. Bail Application No. 41609 of 2021. The learned counsel for the applicant has relied upon the orders dated 23.10.2021, 09.12.2021, 24.11.2021, 14.12.2021, 14.12.2021, 25.10.2021 passed in Crl. Misc. Bail Application Nos. 43766/2021, 45565/2021, 49575/2021, 52544/2021, 52547/2021, 44124/2021, respectively, whereby the co-accused persons have been enlarged on bail, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The learned counsel for the applicant has further submitted that the applicant is in jail since 14.08.2021. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
The learned AGA for the State has though opposed the bail, but has not controverted the above mentioned facts. However, the learned A.G.A. has not disputed the fact and the legal submissions as argued by the 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 Sarkesh Yadav, involved in aforesaid crime be released on bail on their 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 applicants 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 them 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 :- 21.12.2021 Nisha