This High Court allowed a bail application filed under Section 439 Cr.P.C. Sharad Pratap Singh applied for bail in a case under various IPC sections. The court found him a fit case for bail due to explained criminal history and prior acquittal.
Release of Sharad Pratap Singh on bail with personal bond and two sureties upon furnishing conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6885 of 2022
Applicant :- Sharad Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant and Sri Shrawan Kumar Ojha, 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- Sharad Pratap Singh for enlarging him on bail in Case Crime No. 352 of 2021, under Section 420, 467, 468, 471, 120B I.P.C, registered at Police Station- Civil Lines, District- Aligarh.
The bail application so preferred by the applicant has been rejected by the court below on 6.1.2022.
Learned counsel for the applicant has argued that a first information report has been lodged by Sri V.P. Giri, Incharge Inspector being FIR no. 0352 of 2021 on 05.8.2021 at 01:51 hours in the above noted Section against the applicant and eight others relatable to the commission of the offence that the applicant along with other co-accused have procured licence for running country liquor shop for a certain period, on the strength of the character certificate dated 31.12.2020 showing therein that they do not possess any criminal antecedents. Learned counsel for the applicant has submitted that the period of licence issued to them for running the country liquor shop has elapsed long ago. However, now the authority is proceeding against the applicant by registering the present case crime number. Learned counsel for the applicant has argued that the the applicant has not concealed any material before the Excise Authority. Learned counsel for the applicant has drawn attention of the Court towards paragraph 12 of the Bail Application so as to contend that so far as the case crime nos. 582 of 2021, 691 of 2021, 587 of 2021 & 809 of 2021 are concerned, they are post lodging of the present FIR. However, in case crime no. 296 of 2004 under Section 302 I.P.C. registered at P.S. Khair, District - Aligarh, he has been acquitted by the court below on 22.1.2011. He has further argued that the applicant has satisfactorily explained the criminal history and is unnecessarily languishing in jail since 27.10.2021. If the applicant is released on bail, he will not
misuse the liberty of bail.
Countering the said submission, learned AG.A. has opposed the bail application while arguing that the applicant has committed offence as he has deliberately concealed the factum of pendency of the criminal cases. On a pointed query being raised to the learned A.G.A. with regard to the disclosure so made by the applicant in relation to case crime no. 296 of 2004 under Section 302 I.P.C. that he has been acquitted by the court below, learned A.G.A., on the basis of the written instructions so received by him under the signature of the Incharge Inspector of P.S. Bannadevi, District - Aligarh has referred to paragraph 4 so as to contend that the applicant has been acquitted in case crime no. 296 of 2004 under Section 302 I.P.C. on 22.1.2011. Instructions so produced before the Court are kept on record.
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 criminal history has been explained, he has been acquitted in case crime no. 296 of 2004 under Section 302 I.P.C. on 22.1.2011 and he is languishing in jail since 27.10.2021, 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- Sharad Pratap Singh involved in aforesaid crime be released on bail on their 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.
Order Date :- 4.3.2022 nd
Digitally signed by NISITH DEY Date: 2022.03.07 11:30:20 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application filed under Section 439 Cr.P.C. ought to be allowed considering the applicant's explanation of criminal history and acquittal in a prior case.
Whether the pendency of Pandemic affects the decision to grant bail.
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
2 provisions across 2 enactments
Sharad Pratap Singh
State of U.P.
Vikas Budhwar
Nisith Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
