In this bail application under Section 439 Cr.P.C., the court allowed the release of the applicant, Umardaraj@ Kala, involved in Prevention of Cow Slaughter Act, considering overcrowding and proper explanation of criminal history.
Release on personal bond and two sureties with conditions preventing evidence tampering and ensuring cooperation in trial.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8751 of 2022
Applicant :- Umardaraj@ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Supplementary Affidavit filed today is taken on record.
Heard Sri Avinash Pandey, 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- Umardaraj @ Kala for enlarging him on bail in Case Crime No.371 of 2021, under Section 3/5/8 of Prevention of Cow Slaughter Act, registered at Police Station- Jhinjhana, District- Shamli.
The bail application so preferred by the applicant has been rejected by the court below on 11.1.2022.
Learned counsel for the applicant has argued that a first information report has been lodged by S.I. Akhilesh Kumar before the P.S. Jhinjhana, District Shamli, being FIR No. 0371 on 25.8.2021 at 13:47 hours under the above noted sections against the applicant and 4 others.
Learned counsel for the applicant has further argued that the applicant has been falsely implicated in the case in question, he, at no point of time, has committed the said offence, the recovery so sought to be made from the applicant is planted one, as there is no independent witness, who could see the recovery. Learned counsel for the applicant has drawn the attention of this Court towards page-37, which happens to be the bail rejection order, whereby applicant was shown to be possessing as many as 7 cases. Learned counsel for the applicant has sought to argue that so far as Case Crime no. 346 of 2020 is concerned, applicant has been enlarged on bail by a coordinate Bench of this Court in Crl. Misc. Bail Application No.34876 of 2020 on 4.11.2020, a copy whereof has been annexed at page-10 of the supplementary affidavit dated 8.3.2022, so far as Case Crime no.154/763/2010 is concerned the applicant has been bailed out on 27.8.2010, reference at page-7 of the supplementary affidavit, so far as Case Crime no.10 of 2019 is concerned, the applicant has been bailed out on 2.4.2019 by the court below, reference at page-8 of the
supplementary affidavit, so far as Case Crime no. 346 of 2021 is concerned, same is not related to the applicant and in this regard, learned counsel for the applicant has drawn the attention at page 22 of the bail, so as to contend that the said case is against one Vipin and not against him. So far as Case Crime no.541 of 2011 is concerned, same purports to be under Arms Act, which cannot be counted to his detriment. So far as Case Crime no.88 of 2021 is concerned, the same purports to be under Cow Slaughter Act. Learned counsel for the applicant has further sought to argue that he has explained the criminal history and he is languishing in jail since 11.1.2022. 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 though opposed the bail, but he could not dispute the fact that the criminal has been properly explained.
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 he is languishing in jail since 11.1.2022, 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- Umardaraj @ Kala 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.
Order Date :- 10.3.2022 N.S.Rathour
Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.03.11 12:39:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application should be allowed considering the nature of the offence and the applicant's criminal history.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsDistinguished¶14
1 provisions across 1 enactments
Umardaraj@ Kala
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
