Single judge bench allowed a bail application under CrPC 439 in a Gangsters Act case. The court noted the applicant's history of obtaining bail in other pending cases and the prevailing jail overcrowding due to the pandemic as factors favoring release.
Application allowed; applicant directed to be released on bail with furnishing of a personal bond and two sureties.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6260 of 2022
Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajneesh Kumar Upadhyay, 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- Rohtash for enlarging him on bail in Case Crime No.0003 of 2021, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police StationChandinagar, District- Baghpat.
The bail application so preferred by the applicant has been rejected by the court below on 17.1.2022.
Learned counsel for the applicant has argued that a first information report has been lodged by Inspector Incharge Sri Om Prakash Singh before the P.S. Chandinagar, District Baghpat, being FIR No. 0003 on 3.1.2022 at 17:29 hours under Section 2/3 of Gangsters Act against the applicant and 4 others.
Learned counsel for the applicant has drawn the attention of this Court towards page-11 of the paper-book being gang chart arguing that there are 3 cases shown to be pending against the applicant being Case Crime no. 157 of 2020, under Sections 307, 147, 148, 149 IPC, in which applicant has been enlarged on bail by the court below on 9.10.2021, reference at page 15 of the bail application, Case Crime no. 158 of 2020, under Sections 63 of the Excise Act and 272 IPC, in which applicant has been enlarged on bail on 23.10.2020 and Case Crime no. 150 of 2020, under Sections 60 Excise Act, in which applicant has been enlarged on bail on 15.9.2021. Learned counsel for the applicant further argued that once the applicant has been enlarged on bail in all the cases mentioned above, there is no occasion to invoke the said provisions while the applicant is languishing in jail since 5.1.2022. Learned counsel for the applicant has further submitted that 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, as such his name finds place in the FIR, but he could not dispute the fact that in all the cases mentioned against the applicant, the applicant has been enlarged on bail.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail, as the applicant has properly explained the criminal history and is languishing in jail since 5.1.2022, 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- Rohtas 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 applicants 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 :- 3.3.2022 N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.03.04 10:35:20 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail be granted to the applicant in a case under the U.P. Gangsters Act, considering his bail history and the jail overcrowding during the pandemic.
Whether the applicant, having been released on bail in other pending cases, merits bail in the present gangster case.
Whether the gravity of the offence and evidence collected compel the cancellation of previously granted bails.
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
2 provisions across 2 enactments
Rohtash
Vikas Budhwar
Nipendra Singh Rathour
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikas Budhwar and Nipendra Singh Rathour
Parties & counsel
