Shaukat v. State of U.P. wherein he has already been enlarged on bail in connection
Case Details
Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37566 of 2021 Applicant :- Yahaya Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Sahu,Ajeet Kumar Chaurasiya,Brijesh Kumar Yadav,Namit Kumar Sharma,Virendra Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Ankit Kumar Sahu, learned counsel for the applicant and 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 Yahaya for seeking bail in Case Crime No.350 of 2021 under Sections 392 & 411 I.P.C. registered at Police Station-Kosikalan, District- Mathura. The bail application of the applicant has been rejected by the court below, on 3.8.2021. Learned counsel for the applicant has argued that a first information report was lodged by one Sardar Jasvir Singh Chatwal before Police Station-Kosikalan, District-Mathura on 16.5.2021 being FIR No.0350 purported to be under Sections 420 & 406 IPC against the truck owner and truck driver of the Truck No.HR 63-D7868 with relation to the commissioning of the offence that on 8.5.2021, the aforementioned truck which was containing 18 tons of betel-nut was being transported from Assam to Delhi and the truck in question commenced its journey on 8.5.2021 but did not reach destination till 16.5.2021 and in midway the betel-nut was stolen. He has further invited the attention of the Court towards the case diary relating to the recovery memo so as to contend that a planted story has been sought to be set up qua-applicant as the applicant has been shown to have been possessing 40 sacks of betel-nut. According to learned counsel for the applicant neither the applicant is truck owner nor he is driver but he has been falsely implicated in the present case. Learned counsel for the applicant has further invited the attention of the Court towards the order dated 7.12.2021 passed in Criminal Misc. Bail Application No. 36409 of 2021, Shaukat Vs. State of U.P. wherein he has already been enlarged on bail in connection with the aforesaid case crime number wherein the allegation against the Shaukat was to the extent, he was in possession of the 127 sacks of betel-nut. Similarly he has also referred to the order dated 27.10.2021 passed in Criminal Misc. Bail Application No.36004 of 2021, Rafik Vs. State of U.P. so as to contend that he has been enlarged on bail and further the learned counsel for the applicant has also referred to the case of Farid, who has also filed Criminal Misc. Bail Application No.33388 of 2021 wherein by virtue of the order dated 29.1.2021 he has also been enlarged on bail. He has further invited the attention of the Court towards the paragraph 30 of the application so as to contend that he has criminal history. He has also invited the attention of the Court towards rejoinder affidavit dated 9.1.2022 so as to contend that he has explained the criminal history in paragraph 9 of the rejoinder affidavit while giving detail of each and every criminal case while mentioning he has either been acquitted or he is at bail. He has next argued that since 5.6.2021 and he has also entitle to the parity so extended to the co-accused. Countering the said submissions learned AGA for the State has though opposed the bail while contending that the applicant was found in possession 40 sacks of betel-nut and he cannot be said to be innocent but he could not dispute the factum that the co- accused have already been enlarged on bail and further so far as issue with regard to the criminal history learned AGA has not disputed containing in paragraph 30 of the bail application as well as 9 of the rejoinder affidavit in relation to the criminal history. Considering the bail application at this stage the Court finds that the co-accused have already been enlarged on bail and further the criminal history of the applicant has been explained. Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail. 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 Yahaya 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 applicants 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 :- 12.1.2022 piyush