Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44903 of 2021 Applicant :- Sunil Mongia Opposite Party :- State of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ashfaq Ahmad Ansari, learned counsel for the applicant and Shri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.192 of 2020 at Police Station-Mehrauni, District-Lalitpur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge (Gangster Act), Lalitpur on 01.09.2021.
The applicant is in jail since 26.06.2021, pursuant to the said F.I.R.
Shri Ashfaq Ahmad Ansari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the six criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
However, learned AGA points out that the criminal history of three cases registered as Case Crime No.86/14 under Section 13 of the Goondas Act, Case Crime No.08/13 under Section 354 IPC and Case Crime No.443/18 under Sections 380, 411 IPC has not been disclosed by the applicant in the bail application.
Rejoining the issue, Shri Ashfaq Ahmad Ansari, learned counsel for the applicant contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in a number of cases only to burnish their professional credentials and the same have no bearing on the instant case.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Sunil Mongia involved in Case Crime No.192 of 2020 at Police Station-Mehrauni, District-Lalitpur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Ashish Tripathi