Court allowed bail application under U.P. Gangsters Act, 1986 for Vikas @ Vishal Jatav, considering merit in submissions and prison overcrowding fears during pandemic.
Release on bail on furnishing personal bond and two sureties with conditions against tampering and influence.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39186 of 2021
Applicant :- Vikas @ Vishal Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Virendra Singh, learned counsel for the applicant and AGA for the State.
A first information report was lodged against the applicant as Case Crime No.1293 of 2021 at Police Station-Kotwali Nagar, District-Bulandshahar under Section 2/3 of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986.
The bail application of the applicant was rejected by learned Special Judge/Additional Sessions Judge, Bulandshahar, on 25.08. 2021.
The applicant is in jail since 19.08.2019, pursuant to the said F.I.R.
Shri Virendra Singh, 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 ten criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant while explaining the criminal history of the applicant 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.
Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA contends that one another criminal case under the Arms Act registered in the year 2019, has not been explained. Rejoining the issue, Shri Virendra Singh learned counsel for the applicant contends that the aforesaid case 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 -Vikas @ Vishal Jatav involved in Case Crime No.1293 of 2021 at Police Station-Kotwali
Nagar, District-Bulandshahar under Section 2/3 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.
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 :- 27.11.2021
Dhananjai
1 issue framed by the court
Whether the applicant is entitled to bail despite previous criminal history and jail detention from August 2019.
1 provisions across 1 enactments
Vikas @ Vishal Jatav
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
