A criminal judge allowed bail under Section 439 Cr.P.C. in a Gangster Act case for an applicant pending in multiple other cases. The order considered jail overcrowding due to COVID-19 and granted release on personal bond plus sureties.
Released on bail on furnishing personal bond and two sureties subject to specific conditions.
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. - 6743 of 2022 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Mohammad Waseem, learned counsel for the applicant and Sri A.K. 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- Dinesh Kumar for enlarging him on bail in Case Crime No.916 of 2021, u/s 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station- Bahedi, District- Bareilly.
The bail application so preferred by the applicant has been rejected by the court below on 04.01.2022.
Learned counsel for the applicant has argued that invocation of the proceedings purported to be under the gangster act is thoroughly unjustified particularly in view of the fact that as many as ten cases has been shown pending against the applicant including the present one and so far as the case crime no. 109 of 2021 he stands bailed out on 26.03.2021 by the Court below, so far as case crime No.114 of 2021 he stands bailed out by the Court below on 25.03.2021 as well as case crime No.116 of 2021 is concerned the applicant has been granted bail on 25.03.2021 by the Court below, similarly, a case crime no.117 of 2021 is concerned he has been bailed out on 17.08.2021 and in so far as the case crime no.120 of 2021, case crime no.122 of 2021, case crime no.132 of 2021 are concerned he has been bailed out on 17.06.2021, 02.04.2021 and 09.07.2021. Learned counsel for the applicant has further argued that so far as the case crime no. 524 of 2016 is concerned, the same has been
considered by the Court below while enlarging him in subsequent criminal cases as likewise so far as case crime no. 62 of 2021 he is also bailed out on 26.03.2021. learned counsel for the applicant thus argued that he is unnecessary languishing in jail since 21.12.2021 and further the fact that the invocation of the proceeding in the Gangsters Act is thoroughly impermissible. If he is enlarged on bail, he will not misuse the liberty, he be enlarged on bail.
Countering the said submission, the learned A.G.A. has opposed the bail application but could not disputed the fact that criminal history of the applicant has been 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 in the aforesaid five cases, applicant has been bailed out and is languishing in jail since 21.12.2021, 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- Dinesh 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 :- 3.3.2022 // Krishna*
Digitally signed by KRISHNA KUMAR Date: 2022.03.05 10:59:02 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an applicant facing multiple pending cases under the Gangster and Anti Social Activities Act given judicial overcrowding.
Whether the applicant can be released on personal bond with sureties under Section 439 Cr.P.C.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶10
2 provisions across 2 enactments
Dinesh Kumar
Vikas Budhwar
Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
