This bail application allowed the applicant Misrar's plea for release in IPC cases where he was not named in the original FIR but falsely implicated in subsequent ones. The court noted the co-accused was on bail and no prior criminal history.
Releasable on furnishing personal bond and two sureties subject to specific conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1914 of 2022
Applicant :- Misrar Opposite Party :- State Of U.P Through Its Secretary Home Up At Lucknow Counsel for Applicant :- Saurabh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Today, the matter has been taken up through virtual mode. Heard Sri Saurabh Tripathi, learned counsel for the applicant, and Sri Avanish Kumar Shukla, 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 applicant- Misrar for enlarging him on bail in Case Crime No.265 of 2021 under Sections 380 and 411 I.P.C. registered at Police Station-Kalan, District-Shahjahanpur.
The bail application so preferred by the applicant has been rejected by the court below on 6.12.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Sri Asha Ram son of Ram Kishan before P.S. Kalan, District Shahjahanpur being FIR No. 0265 of 2021, on 13.6.2021 at 18:18 hours, under Section 380 of IPC regarding commission of the offence on 5.6.2021 against the unknown persons with an allegation that on 5.6.2021 at about 2:00 A.M, in the night, certain unknown persons, while opening the lock from inside entered the house of the complainant and broke the almirah and committed theft of certain jewellery including cash to the tune of Rs.25,000/-. Learned counsel for the applicant has further argued that after a period of about 15 days on 20.6.2021, another FIR has been sought to be lodged by S.H.O. Sri Praveen Solanki before P.S. Katra, District Shahjahanpur being FIR No.0291 of 2021 at 12:15 hours under Sections 147, 148, 149, 307 IPC against the applicant, whose name finds place at Sl. No. 7 and 14 others, wherein from the joint possession, recovery has been sought to be shown to have been made. Learned counsel for the applicant has further argued that the applicant has been falsely implicated in the case in question, as the applicant was not named in the FIR, and just in order to implicate the applicant, he has been named in the subsequent FIR and recovery from the possession has been sought to be shown from him and further one Sri Dharmendra Gupta @ Kallu, who happens to be the shop owner and is named in the second FIR being FIR no. 0291 dated 20.6.2021, has been enlarged on bail by a coordinate Bench of this Court in Crl. Misc. Bail Application No. 39102 of 2021 on
14.12.2021, copy whereof has been annexed at page-8 of the supplementary affidavit dated 19.1.2022. Learned counsel for the applicant has next contended that from the perusal of the order dated 6.12.2021 passed by the court below rejecting the bail application, as many as 12 cases have been sought to be slapped upon the applicant, which are post-lodging of the FIR in question. The details of the criminal cases sought to be leveled against the applicant, which are post-lodging of the FIR are as under: -
(a) Case Crime No. 219 of 2021, under Sections 457, 380, 411 IPC, P.S. Katra, District Shahjahanpur, the applicant filed a bail application before the court below.
(b) Case Crime No. 259 of 2021, under Sections 380, 411 IPC, P.S. Powayan, District Shahjahanpur, the applicant has been released on bail by the Addl. District and Sessions Judge, Court No.5, vide his order dated 12.11.2021.
(c) Case Crime No. 178 of 2021, under Sections 457, 380, 411 IPC, P.S. Nigohi, District Shahjahanpur, the applicant filed has applied for bail before the court below.
(d) Case Crime No. 255 of 2021, under Sections 380, 411 IPC, P.S. Kalan, District Shahjahanpur, the applicant filed a bail application, which is pending before this Court.
(e) Case Crime No. 265 of 2021, under Sections 380, 411 IPC, P.S. Kalan, District Shahjahanpur, same is related to the present case.
(f) Case Crime No. 317 of 2021, under Sections 380, 411 IPC, P.S. Sadar Bazar, District Shahjahanpur, the applicant has filed a bail application before the court below.
(g) Case Crime No. 329 of 2021, under Sections 380, 411 IPC, P.S. Sadar Bazar, District Shahjahanpur, the applicant has been enlarged on bail by the court of Special Judge SC/ST (Prevention of Atrocities) Act, Court No.2, Shahjahanpur on 3.8.2021.
(h) Case Crime No. 239 of 2021, under Sections 457, 380, 411 IPC, P.S. Maholi, District Sitapur, the applicant has been released on bail by the Court of Sessions Judge, Sitapur vide order dated 29.10.2021.
(i) Case Crime No. 284 of 2021, under Sections 457, 380, 411 IPC, P.S. Maholi, District Sitapur, the applicant has been released on bail by the Court of Sessions Judge, Sitapur vide order dated 10.11.2021.
(j) Case Crime No. 195 of 2021, under Sections 457, 380, 411 IPC, P.S. Piswa, District Sitapur, the applicant has applied for bail before the court below.
(k) Case Crime No. 159 of 2021, under Section 380 IPC, P.S. Sindhauli, District Shahjahanpur, the applicant has applied for bail before the court below.
(l) Case Crime No. 291 of 2021, under Sections 147, 148, 149, 307 IPC, P.S. Katra, District Shahjahanpur, applicant has applied for bail before the court below.
(l) Case Crime No. 296 of 2021, under Sections 3/25/27 Arms Act, P.S. Katra, District Shahjahanpur, applicant has been released on bail by the court of Incharge Sessions Judge, Shahjahanpur vide order dated 16.11.2021.
Learned counsel for the applicant has next argued that he is unnecessarily languishing in jail since 20.6.2021. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail.
Countering the said submission, the learned AGA has opposed the bail while arguing that recovery has been made from the applicant and further as per the instructions received by him, the criminal cases are post-lodging of the FIR, but the same will not be a ground to grant bail to the applicant.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail as the applicant was not named in the FIR, he does not possess any criminal history prior to lodging of the FIR as admitted by the learned A.G.A, and the co-accused Dharmendra Gupta @ Kallu is also stands enlarged on bail and also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
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- Misrar 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 3.2.2022 N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.02.08 11:29:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant falsely implicated in subsequent FIRs without naming in the original FIR.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶26
Suo Motu Writ Petition (c) No. 1/2020
Misrar
State Of U.P Through Its Secretary Home Up At Lucknow
Vikas Budhwar
Nipendra Singh Rathour
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
