Allahabad High Court
Vibhu Sharma vs State Of U.P. on 16 July, 2021
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18442 of 2021
Applicant :- Vibhu Sharma
Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rakesh Kumar Mishra, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant, Vibhu Sharma with a prayer to release him on bail in Case Crime No. 56 of 2021, under Sections 3(1) Gangsters Act, Police Station- Milak, District-Rampur, during pendency of trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive. It is submitted that on the basis solitary Case Crime No. 442 of 2020, under Section 60(1), 63/72, Excise Act and under Sections 420, 467, 468, 471 I.P.C., P.S. Milak, District Rampur, the present F.I.R. has been lodged. In the aforesaid case applicant has already been enlarged on bail by the court below on 14.12.2020, the bail order of the aforesaid case is being annexed as Annexure No. 3 to the affidavit. He further submitted that on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. It is next submitted that there is no other criminal history of the applicant shown in the Gang Chart which is annexed as Annexure No. 2 to the affidavit. He next submitted that applicant is an old and infirm person and it is not believable that such an old person would indulge himself in committing such offence as alleged in the F.I.R. It is next submitted that co-accused Sushil Sharma @ Nanku Pandit has already been granted bail by this Court in Criminal Misc. Bail Application No. 16688 of 2021 vide order dated 11.5.2021. It is next contended that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 24.02.2021 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the fact of applicant having been released on bail in the criminal case which has been shown to be the basis of imposing the provisions of the Act.
It is settled position of law that bail is the rule and committal to jail is an exception in the case of State of Rajasthan Vs. Balchand @ Baliay (1977) 4 SCC 308, the Apex Court observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution and opined para 2 "The basic rule may perhaps be tersely put as bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the petitioner who seeks enlargement on bail from the court. We do. not intend to be exhaustive but only illustrative." and considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Vibhu Sharma be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his/her bail shall be effective after the period of short-term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.7.2021
Ishan
