Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51249 of 2021 Applicant :- Waseeq @ Laloo Opposite Party :- State of U.P.
Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Faizur Rahman, learned counsel for the applicant, and Sri D. N. Tiwari, 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 being Waseeq @ Laloo for seeking bail in Case Crime No. 484 of 2021 under Section 3(1) U.P. Gangster Act registered at Police Station- Bhognipur, District- Kanpur Dehat.
The bail application of the applicant has been rejected by the court below on 09.11.2021.
The learned counsel for the applicant has argued that the FIR was lodged by Incharge Inspector Rajesh Kumar Singh against five named accused persons including the applicant u/s 3(1) U.P. Gangster Act being FIR No. 0484 on 11.10.2021. The learned counsel for the applicant has drawn the attention of the Court towards page no. 16 of the application being the relevant gang chart so as to contend that the criminal case bearing case crime no. 78/21 u/s 3,5,8 U.P. Prevention of Cow Slaughter Act, P.S. Bhognipur, District kanpur Dehat is pending however the applicant has been enlarged on bail by virtue of order dated 01.11.2021 passed in Crl. Misc. Bail Application No. 38322 of 2021 (Waseek @ Lalu Vs. State of U.P.). The learned counsel for the applicant has next argued that the applicant is in jail since 02.08.0021. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the fact and the legal submissions as argued by the learned counsel for 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 Waseeq @ Laloo 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). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that 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 Nisha