Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50849 of 2021 Applicant :- Vishnu Kumar Gaur Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Arvind Kumar Raj, learned counsel for the applicant, and Sri L.D. Rajbhar, the 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 the applicant- Vishnu Kumar Gaur for enlarging him on bail in Case Crime No.396 of 2021, under Section 3(1) of the U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986 registered at Police Station-Bhelupur, District- Varanasi.
The bail application so preferred by the applicant has been rejected on 12.10.2021 by the court below.
Learned counsel for the applicant has argued that the FIR has been lodged against the applicant and 2 others before P.S. Bhelupur, District Kashi Commissionerate, Varanasi being FIR No. 0396 on 26.8.2021 under Section 3(1) of the Gangsters Act. Learned counsel for the applicant has drawn the attention of this Court towards the gang chart which is at page 30 of the paper book so as to contend that there are three criminal cases pending against the applicant, being Case Crime no. 494 and 495 both of 2020, under Sections 379 and 411 IPC, registered at P.S. Bhelupur, District Varanasi and Case Crime no. 497 of 2020, under Sections 411, 413, 419, 420, 467, 468 IPC, P.S.
Bhelupur, District Varanasi. Learned counsel for the applicant has argued that the applicant has been granted bail by the court below on 15.10.2020 in Bail Application Nos. 2975, 2974 and 2976 all of year 2020, in all the aforesaid three cases respectively. Thus the said cases cannot be made basis of invocation of the provisions contained under the Gangsters Act. Learned counsel for the applicant has drawn attention of this Court towards paragraph-8 of the affidavit filed in support of the bail application so as to contend that he has no criminal history and is languishing in jail since 30.9.2021. If he is released on bail, he will not misuse the liberty of bail. Learned counsel for the applicant has also relied upon the order dated 10.12.2021 passed in the case of Pankaj Kumar Rajbhar in Bail Application No. 45873 of 2021, who is one of the co-accused in the said case crime.
Countering the above submission learned AGA for the State has though vehemently opposed the bail, but could not dispute the factual arguments so sought to be raised by 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-Vishnu Kumar Gaur 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 N.S.Rathour