Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43150 of 2021 Applicant :- Vikku @ Vikas Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shri Manish Kumar Tripathi, 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-Vikku @ Vikas for enlarging him on bail in connection with Case Crime No.
572 of 2021, under Section 2/3 Gangster Act registered at Police Station Tronika City, District Ghaziabad.
The Bail Application No. 6279 of 2021, so preferred by the applicant, has been rejected on 15.09.2021 by the Court of Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 7, Ghaziabad.
Learned counsel for the applicant has argued that the FIR has been lodged against the applicant and as many as six accused on 17.08.2021 before Police Station Tronika City, District Ghaziabad bearing FIR No. 0572 of 2021 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. Learned counsel for the applicant has drawn attention of this Court towards page no. 16 of the paper book so as to contend that there are three criminal cases pending against the applicant namely Case Crime No. 174 of 2021, under Sections 392, 411, 201, 120-B I.P.C.; Case Crime No. 177 of 2021, under Sections 392, 411, 120-B I.P.C and Case Crime No. 186 of 2021, under Sections 307, 201, 34 I.P.C. Learned counsel for the applicant has further drawn the attention of this Court towards the order dated 11.08.2021 passed by the Court of Sessions Judge, Ghaziabad in Bail Application No. 5342 of 2021, whereby he has been enlarged on bail in Case Crime No. 174 of 2021, under Sections 392, 120-B I.P.C. as well as order dated 10.06.2021 passed in Criminal Misc. Bail Application No. 3429 of 2021 in relation to Case Crime No. 177 of 2021, under Sections 392, 120-B I.P.C. as well as order dated 09.06.2021 passed in Bail Application No. 3021 of 2021 in Case Crime No.
186 of 2021, under Sections 307, 201, 34 I.P.C., so as to contend that in all the aforesaid criminal cases, the applicant has been enlarged on bail and thus the same cannot be a ground to evoke the provisions of Gangster Act. Learned counsel for the applicant has also placed reliance upon an order dated 15.11.2021 passed in Criminal Misc. Bail Application No. 42478 of 2021, wherein, one of the co-accused being Abhishek has been granted bail. The learned counsel for the applicant has next argued that the applicant is in jail since 29.07.2021. 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 and the grant of the bail orders.
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- Vikku @ Vikas 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