Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45899 of 2021 Applicant :- Vikas Raj @ Jabar Singh @ Jhabri Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Pandey,Priyanka Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Supplementary affidavit filed today is taken on record.
Heard Shri Manish Pandey, learned counsel for the applicant, and Shri L.D. 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 applicant- Vikas Raj @ Jabar Singh @ Jhabri for enlarging him on bail in connection with Case Crime No. 40 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Galshahid, District Moradabad.
The Bail Application No. 2952 of 2021, so preferred by the applicant, has been rejected on 22.09.2021 by the Court of Special Judge (Gangster Act)/Additional District and Sessions Judge, Court No. 5, Moradabad.
Learned counsel for the applicant has argued that the FIR has been lodged against the applicant and one Aman before Police Station Galshahid, District Moradabad on 22.03.2021 being FIR No. 0040 of 2021, under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Learned counsel for the applicant has drawn the attention of this Court towards page no. 17 of the paper book so as to contend that there are two criminal cases shown to be pending against the applicant in the gang-chart. Learned counsel has further argued that there is another case against the applicant which has not been depicted in the gang-chart. While referring to the Case Crime No. 541 of 2020, under Sections 411, 413, 414 I.P.C., pending against the applicant, learned counsel for the applicant has drawn the attention of this Court towards the order dated 08.02.2021 passed in Bail Application No. 235 of 2021, wherein, the applicant has been enlarged on bail by the Court of Additional Sessions Judge, New Court, Moradabad. Similarly, so far as the Case Crime No. 557 of 2020, under Sections 457, 380, 411, 413, 414 I.P.C. is concerned, the applicant has preferred at page no. 8 of the supplementary affidavit so as to indicate that on 15.01.2021, the applicant has been enlarged on bail passed in Bail Application No. 24 of 2021 by the Court of Additional Sessions Judge, New Cour, Moradabad. Likewise, so far as the Case Crime No. 15 of 2020, under Section 457, 380, 411 I.P.C. is concerned, he has also been enlarged on bail on 29.05.2020 in Bail Application No. 481 of 2020. Learned counsel for the applicant has next argued that the applicant is in jail since 02.12.2020. He lastly submits that if the accused is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned A.G.A., has vehemently argued that this is not a fit case, wherein bail should be granted in favour of the applicant. However, learned A.G.A. could not dispute the factum of the pendency of the criminal cases as well as allowing the bail applications in favour of 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-Vikas Raj @ Jabar Singh @ Jhabri 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 Saurabh