High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5169 of 2022 Applicant :- Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Mukesh Joshi, learned counsel for the applicant, and Sri Shravan Kumar Ojha, 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- Faisal for enlarging him on bail in Case Crime No.88 of 2021, under Sections 420, 406, 506, 120B IPC registered at Police Station- Kotwali, District- Moradabad. The bail application so preferred by the applicant has been rejected by the court below on 22.11.2021. Learned counsel for the applicant has argued that a first information report has been lodged by Mukesh Kumar Azad against the applicant before Police Station- Kotwali, District- Moradabad being FIR no.0088 of 2021 on 2.7.2021 at 15:28 hours under Sections 420, 406, 506 IPC regarding commission of offence with an allegation that the applicant along with co- accused had allured son of the complainant that in case Rs.10,00,000/- is being extended then a suitable job will be provided and in this regard payment was made but no job was provided. Learned counsel for the applicant has argued that he has been falsely implicated in the case in question as the applicant himself had preferred Criminal Complaint No.964 of 2018 being the court of C.J.M., Mohd. Faisal Vs. Sagar Sirohi in which the son of the complainant was also arrayed under Sections 452, 323, 504, 506, 420, 406 IPC, P.S. Nagfani, District Moradabad with an allegation that the accused therein including the complainant son taken money but they have not allotted or got registered plot in that regard. Learned counsel for the applicant has thus argued that the said complaint has been lodged way-back on 3.8.2018 as well as the present FIR in question is dated 2.7.2021. Learned counsel for the applicant has further argued that he has been falsely implicated and roped in the case in question. Learned counsel for the applicant has invited the attention of this Court towards paragraph-26 of the bail application so as to contend that so far as Case Crime No.597 of 2016, under Sections 386, 506 IPC is concerned, the charge sheet has not been submitted against him and so far as Case Crime No.19 of 2021, under Sections 420, 406, 386, 376, 511 IPC is concerned the applicant has not applied for bail but he is in the process of filing of the bail application. So far as Case Crime No.59 of 2021, under Sections 420, 406 IPC, is concerned the applicant has not applied for bail but under the process for applying the bail. Learned counsel for the applicant has further argued that so far as Case Crime No.19 of 2021 and Case Crime No.59 of 2021 the same are brain child of the complainant who happens to be a police personnel and he has getting cases lodged against him. So far as Case Crime No.482 of 2021, under Sections 420, 406, 506 IPC is concerned the same is post lodging of the present FIR. Learned counsel for the applicant has further drawn the attention towards Case Crime No.390 of 2021, under Sections 420, 406 IPC is concerned the applicant has been bailed out by the court below on 4.10.2021 and the said case is also post lodging of the present FIR. He has next contended that so far as Case Crime No.1627 of 2020, under Sections 420, 406, 506 IPC is concerned, the bail application is pending before the court below and lastly he has argued that so far as Case Crime No.1167 of 2016, under Sections 420, 406, 504, 506 IPC and Section 138 NI Act is concerned, initially he was granted an interim protection in Criminal Misc. Writ Petition No.22513 of 2016. However, subsequently in the proceedings in application under Section 482 Cr.P.C. being No.5717 of 2017, an order has passed that no coercive action has been directed to be taken against him. Learned counsel for the applicant has further argued that the applicant is unnecessarily languishing in jail since 23.6.2021. If he is enlarged on bail, he will not misuse the liberty, he be enlarged on bail. In nutshell, learned counsel for the applicant submits that he has satisfactorily explained criminal history and in case he is not enlarged on bail, his academic career will be jeopardised. Countering the said submission, the learned A.G.A. has opposed the bail while arguing that offence has been committed by the applicant, as such he has been proceeded in the case in question but he could not dispute the fact that the criminal history has been properly explained and applicant is languishing in jail since 23.6.2021. 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 the criminal history has been properly explained and applicant is languishing in jail since 23.6.2021, 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-Faisal 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 :- 17.2.2022 piyush Digitally signed by PIYUSH KUMAR Date: 2022.02.21 10:18:52 IST Reason: Location: High Court of Judicature at Allahabad