Nazim vs State Of Uttar Pradesh

Learned Additional Government Advocate informs that he has procured complete instructions in the matter including case diary and charge sheet in this matter has already been submitted.

Heard the learned counsel for the applicant through video conferencing as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the applicant- Nazim for grant of bail, in Case Crime No. 369 of 2020, under Sections 3/25, Arms Act, P.S.Akbarpur, District Ambedkar Nagar, during trial.

Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

It is further submitted that this is a case of police encounter wherein no injury has been caused to any police official/officer and with regard to the single incident, two criminal cases i.e. under Section 307 I.P.C. and Section 3/25 Arms Act were registered at P.S.Akbarpur, District Ambedkar Nagar, however the applicant was released on bail by the court of Sessions Judge, Ambedkar Nagar in the case pertaining to Case Crime No.368 of 2020, under Section 307 I.P.C. vide order dated 24.11.2020, passed in Bail Application No.643 of 2020 after considering merits of the case as well as considering the criminal history of the applicant.

It is further submitted that despite the applicant was released on bail in main case pertaining to Section 307 I.P.C, the court below has rejected the bail application of the applicant in the instant case which is pertaining to Section 3/25 Arms Act only on the basis that the applicant is carrying a criminal history of 15 cases.

Highlighting the above factual matrix it has been vehemently submitted by the learned counsel for applicant that the court below has committed a manifest illegality in rejecting the prayer of bail of the applicant in the background of the fact that the applicant was released on bail in the main offence pertaining to Section 307 I.P.C. after considering the criminal history of the applicant and, therefore, there was no occasion for the subordinate court to reject the prayer of bail of the applicant with regard to the instant case that too on the basis of criminal history of the applicant.

It is further submitted that the criminal history of the applicant has been explained in para-15 of the bail application wherein it has been stated that seven criminal cases against the applicant have culminated on the basis of confession made by him and in three cases the applicant has been released on bail and in rest of the cases except one the bail application of the applicant is pending before the appropriate criminal court and the bail application with regard to the case of Gangster Act could only be moved after obtaining bail.

It is further submitted that the applicant is in jail in this matter since 14.07.2020. Charge sheet in this case has already been submitted and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that the applicant is carrying long criminal history and, therefore, he is not entitled to be released on bail.

Having heard learned counsel for parties and having perused the record it is evident that on the basis of single incident, two criminal cases were registered against the applicant, in main case which was pertaining to Section 307 I.P.C. the applicant was released on bail by the court of Sessions Judge, Ambedkar Nagar vide order dated 24.11.2020, passed in Bail Application No.643 of 2020 after considering merits of the case as well as considering the criminal antecedents of the applicant. However the subordinate court rejected the bail application of the applicant in the instant case pertaining to Section 3/25 Arms Act which is a minor offence. The criminal history of the applicant has been explained in para-15 of the affidavit enclosed with the bail application and it has been vehemently submitted by learned counsel for applicant that since the applicant has been released on bail in the major offence pertaining to Section 307 I.P.C. there was no occasion for the subordinate court to reject the bail application of the applicant in the instant case. The applicant is in jail in this matter since 14.07.2020 and charge sheet has already been submitted in this case.

Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant - Nazim involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall remain present before the court below on each and every date fixed and if in any exigency he is not able to attend the court below, he will instruct his counsel to do all needful on his behalf and will not take adjournments specially on the occasion when the prosecution witnesses are present.

(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.