This judgment allowed bail for applicant Amit Kumar in a cheating case under Section 439 Cr.P.C. finding it a fit case as co-accused were already released and he lacks criminal history, citing pandemic jail overcrowding.
Released on bail on personal bond and two sureties with conditions to verify identity and cooperate in trial.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35875 of 2021
Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Brij Lal Shukla, 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- Amit Kumar for enlarging him on bail in Case Crime No.648 of 2021 under Sections 411, 414, 413, 420, 482 I.P.C, registered at Police Station- Sector-24 Noida, District-Gautam Budh Nagar.
The bail application so preferred by the applicant has been rejected by the court below on 4.8.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one S.I. Devendra Kumar Rathi, P.S. Sector-24 Noida, District Gautam Budh Nagar, being FIR no. 0648 of 2021 on 1.7.2021 at 10:10 hours under the above noted sections with an allegation that the applicant herein along with other co-accused were committing offence in stealing the cars and their accessories. Learned counsel for the applicant has further argued on the strength of the averments contained in paragraph-11 of the bail application so as to contend that he is a car mechanic and he was sitting at the back seat of the car, which was owned by Mohd. Yusuf. Learned counsel for the applicant has invited the attention of the Court towards page-21, which happens to be FIR, wherein it has come on record that it is a case of the prosecution that the applicant was sitting behind the car and he was shown to be possessing Rs.100/- note in his pocket. Learned counsel for the applicant has further argued that he does not possess any criminal history while referring to paragraph-14 of the bail application. Learned counsel for the applicant has further relied upon the order dated 13.1.2022 passed in Bail Application No.44842 of 2021, wherein co-accused Mohd. Yusuf has been enlarged on bail and order dated 21.1.2022 passed in Bail Application No.36767 of 2021, wherein co-accused Gulfam @
Katora, has been enlarged on bail and the applicant has also sought parity with the said co-accused. Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 1.7.2021. 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 the applicant has committed offence. However, he could not dispute the fact that Mohd. Yusuf has alread been enlarged on bail and further the fact that the other co-accused has also been enlarged on bail and also the fact that applicant does not possess criminal history.
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 coaccused has already been enlarged on bail by a coordinate Bench of this Court and the applicant does not possess any criminal history and he is languishing in jail since 1.7.2021, 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- Amit Kumar 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 :- 10.2.2022
N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.02.14 15:10:53 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to accused Amit Kumar in a cheating and forgery case.
Whether parity can be granted with co-accused who have already been released on bail.
Whether bail can be granted considering quarantine concerns during the pandemic.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020Referred¶12
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India
2 provisions across 2 enactments
Amit Kumar
State of U.P.
Vikas Budhwar
N.S. Rathour
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikas Budhwar and N.S. Rathour
Parties & counsel
