In a bail application under Section 439 Cr.P.C. challenging the Gangsters and Anti-Social Activities Act, the court allowed bail, noting the applicant was already granted bail in other pending cases and factoring jail overcrowding during the pandemic.
Applicant released on bail furnishing a personal bond and two sureties with specific conduct 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. - 6774 of 2022
Applicant :- Avinash Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Dheeraj Kumar Singh, learned counsel for the applicant, and Sri Avanish Kumar Shukla, 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- Avinash Kumar for enlarging him on bail in Case Crime No.156 of 2021, under Section 3(1) of Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police StationLalganj, District- Mirzapur.
The bail application so preferred by the applicant has been rejected by the court below on 03.02.2022.
Learned counsel for the applicant has drawn the attention of this Court towards page-23 of the bail application at serial no.5, so as to contend that there are six cases shown to be pending against the applicant. Learned counsel has further drawn the attention of the Court towards paragraph no. 6 of the bail application which happens to be a chart recapitulated in tabular form:-
| Sl. No. |
Case Crime No. |
Bail Application No. |
Order date | Annexed at Page in Bail Application |
|---|---|---|---|---|
| 1. | 4/2021 | 237/2021 | 03.08.2021 | 32 |
| 2. | 16/2021 | 241/2021 | 03.08.2021 | 34 |
| 3. | 23/2021 | 238/2021 | 03.08.2021 | 36 |
| 4. | 30/2021 | 240/2021 | 07.05.2021 | 38 |
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| 5. | 05/2021 | 365/2021 | 24.08.2021 | 40 |
|---|---|---|---|---|
| 6. | 16/2021 | 364/2021 | 18.08.2021 | 42 |
| 7. | 30/2021 | 240/2021 | 07.05.2021 | 26 |
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 29.01.2022. 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, but he could not dispute the fact that in all the cases mentioned above, the applicant has been enlarged on bail and as per the instructions, there are no other criminal cases.
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, that the applicant has been enlarged on bail in all the cases mentioned above and the applicant is languishing in jail since 29.01.2022, 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 witphout making any observations on the merits of the case, the bail application is allowed.
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Let the applicant- Avinash 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*
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Digitally signed by KRISHNA KUMAR Date: 2022.03.05 10:53:33 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant despite previous rejections under the Gangsters and Anti-Social Activities Act.
Whether the applicant's bail in other pending cases and current jail situation warrant enlargement on bail.
Whether crowd conditions in jails due to the pandemic affect the bail decision.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisonsReferred¶15
Suo Motu Writ Petition (c) No. 1/2020
2 provisions across 2 enactments
Avinash Kumar
State of U.P.
Vikas Budhwar
Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
