The Allahabad High Court has conditionally approved the bail application of one Rakesh Kumar of Aligarh district, who was lodged in jail in connection with the Gangsters and Anti Social Activities (Prevention) Act.
A Single-Judge Bench of Justice Shree Prakash Singh passed this order, while hearing a Criminal Miscellaneous Bail Application filed by Kumar.
The plea has been filed by Kumar with a prayer to release him on bail during trial in case under Sections 2/3 of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, at Police Station Akrabad, District Aligarh.
It was contended by the Counsel that the applicant was innocent and has falsely been implicated in the case.
He submitted that only one case has been depicted in the gang chart in which the applicant has been enlarged on bail, the bail order has been annexed with the bail application.
He further submitted that there was no other criminal history except the case, as depicted in the gang chart.
He also submitted that the applicant was not a leader or member of any gang. Police have falsely implicated the applicant in the case. The applicant has been in jail since October 28, 2020.
He lastly submitted that in case, the applicant is released on bail, he shall not misuse the liberty of bail and would cooperate in the investigation.
The Additional Government Advocate opposed the prayer for bail but could not dispute the fact that only one case has been depicted in the gang chart, in which the applicant has been enlarged on bail.
“Upon hearing the Counsels for the parties, perusal of record and considering the complicity of the accused and without commenting on the merits of the case, I find it a fit case for bail”
– the Court observed, while allowing the bail application.
The Court has 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, the court said.
The Court ordered, “Let Rakesh Kumar, involved in 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.