Single judge allowed bail to Dara Singh in a case involving offences under the Excise Act and IPC. The court noted the applicant was not named in the FIR, while co-accused were bailed, and considered jail crowding due to COVID-19.
Released on personal bond and two sureties; bond includes conditions against tampering with evidence and committing new crimes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4349 of 2022
Applicant :- Dara Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Ravindra Bahadur Singh, learned counsel for the applicant, and Sri Shrawan Kumar Ojha, 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- Dara Singh for enlarging him on bail in Case Crime No.142 of 2021, under Sections 60(2), 60(A) of Excise Act & 272 and 273 of IPC, registered at Police Station-Iradat Nagar, District- Agra.
The bail application so preferred by the applicant has been rejected by the court below on 21.12.2021.
Learned counsel for the applicant has argued that a first in formation report has been lodged against four persons and not the applicant with the allegation being FIR No.0142 on 5.9.2021 at 22:32 hours under Sections 60, 60(A) of Excise Act, Section 272, 273, 420, 467, 468, 471 IPC with allegation that spurious country liquor was being manufactured. Learned counsel for the applicant has submitted that he has not been named in the FIR, however, his name came in the confessional statement of Devendra and Mahendra that they used to purchase the raw materials from the applicant and one Manoj. Learned counsel for the applicant has further argued that the applicant has been falsely implicated in the case in question as he has not committed the said offence and also referred to paragraphs-9, 10 and 11, so as to contend that criminal cases are the post lodging of the FIR being Case Crime no. 595, 597, 204, 205, 206, 207, 219, 231, 1421, 436, 758 all of 2021. Learned counsel for the applicant has argued that so far as Case Crime no. 106 of 2021 is concerned, bail application is pending and so far as Case Crime no. 87 of 2020 is concened, he has been bailed out. Learned counsel for the applicant has drawn the attention of this Court towards page- 39 of the bail application so as to contend that once Sri Devendra who is also named in the FIR and who
took the name of the applicant, has been enlarged on bail in Crl. Misc. Bail Application No. 46365 of 2021 on 8.11.2021. Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 8.11.2021. 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 applicant has committed the offence, therefore, he has been proceeded in the case in question, however, he could not dispute the fact that the name of the applicant does not find place in the FIR and the co-accused has been bailed out and the criminal history has been properly explained.
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 name of the applicant does not find place in the FIR, the co-accused has been bailed out, the criminal history has been properly explained and the applicant is languishing in jail since 8.11.2021, as 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- Dara Singh 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 :- 15.2.2022
N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.02.21 11:07:50 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to an applicant whose name does not feature in the FIR but who has been implicated via co-accused confessions.
Whether bail is appropriate considering the applicant is in custody since bail was granted to other co-accused.
Whether overcrowding in jails during the pandemic should influence the grant of bail.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶12
3 provisions across 3 enactments
Dara Singh
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikas Budhwar
Parties & counsel
