High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21182 of 2021 Applicant :- Mukhlal Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Deepak Rana, learned counsel for the applicant, and Sri Shrawan Kumar Ojha, the learned AGA. This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant-Mukhlal for enlarging him on bail in Case Crime No.795 of 2020, under Sections 380, 411, 457 I.P.C, registered at Police Station- Kotwali, District-Ghaziabad. The bail application so preferred by the applicant has been rejected by the court below on 2.3.2021. Learned counsel for the applicant has argued that a first information report has been lodged by Manisha Singhal before P.S. Kotwali, District Ghaziabad on 7.12.2020 at 12:42 hours against the unknown persons being FIR No. 0795 under Sections 457, 380 IPC with an allegation that on 5.12.2020, the complainant at about 9:00 in the night had gone outside. When they returned they found that they have been robbed with necessary valuables. Learned counsel for the applicant has drawn the attention of this Court towards Annexure-2 at page- 21, relevant extract at page-22 of the bail application, wherein recovery of Rs.14 lacs was sought to be shown against the applicant and also page-23, wherein Case Crime no. 737 of 2020, at page-24, Case Crime no. 1278 of 2020, 1417 of 2020, 1519 of 2020 and 795 of 2020, which is present case, have been shown to be pending against the applicant. Learned counsel for the applicant has further drawn the attention of this Court towards page-29 of the bail application so as to contend that in Case Crime no. 1417 of 2020, the applicant has been enlarged on bail by the court below on 6.2.2021. Learned counsel for the applicant has next drawn the attention of this Court towards paragraph-15 of the bail application so as to contend that there are 21 cases shown to be pending against the applicant is concerned at Item no. xx in paragraph-15 being Case Crime no. 1519 of 2020, the applicant stands enlarged on bail, in Crl. Misc. Bail Application no. 9984 of 2021, on 5.1.2022, wherein on the very first page, this Court had taken note of the fact that there are 23 cases pending against the applicant and thereafter the Court after considering the same had enlarged the applicant on bail. Learned counsel for the applicant has next argued that 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 further submitted that the applicant is unnecessarily languishing in jail since 16.12.2020. 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 while arguing that the recovery has been made from the applicant, but he could not dispute that the criminal history has been explained and the same has been taken note while enlarging the applicant on bail in Case Crime no. 1519 of 2020, by a coordinate Bench of this Court. 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 of the applicant has been properly explained and he is languishing in jail since 16.12.2020, 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- Mukhlal 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 :- 2.3.2022 N.S.Rathour Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.03.04 10:36:21 IST Reason: Location: High Court of Judicature at Allahabad