Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44356 of 2021 Applicant :- Vinod Kumar @ Bhure Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Chaudhary,Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Rahul Chaudhary, learned counsel for the applicant and Shri Indra Prakash Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0416 of 2021 at Police Station- Diviyapur, District-Auraiya under Section 3(1) 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, F.T.C., Court No.2, Auraiya, District-Auraiya on 23.09.2021.
The applicant is in jail since 12.09.2021, pursuant to the said F.I.R.
Shri Rahul Chaudhary, 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 three 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 further 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 criminal history of two cases registered as Case Crime No.27/2008 under Sections 457 380 IPC and Case Crime No.311/2021 under Section 3/5 of the Arms Act has not been disclosed in the bail application.
Rejoining the issue, Shri Rahul Chaudhary, learned counsel for the applicant contends that in the aforesaid cases the applicant has been falsely implicated and the same has 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-Vinod Kumar @ Bhure involved in Case Crime No.0416 of 2021 at Police Station- Diviyapur, District-Auraiya under Section 3(1) 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