Gaurav Garg vs. State Of U.P.

Held

The Court allowed the bail application. It considered the entire facts and circumstances, the submissions of both parties, and the nature of the offense. While not expressing an opinion on the merits of the case, the Court found that the applicant had made out a case for bail. The reasoning appears to be based on the petitioner's claim of illness, lack of misuse of abscondence period, and the fact that he had been in jail for a considerable period. The Court directed the petitioner's release on furnishing a personal bond and two sureties, subject to conditions including not tampering with evidence, cooperating with the trial, and not indulging in criminal activity. The trial court was also directed to decide the trial expeditiously, preferably within six months. The issue of the propriety of issuing NBW without a bailable warrant was implicitly addressed by granting bail, suggesting the court found sufficient grounds for release despite this procedural point.

Facts

The petitioner, Gaurav Garg, sought bail in Case Crime No. 556 of 2009, registered under Sections 2/3 of the Gangster Act, at Police Station Khair, District Aligarh. The petitioner had been granted bail on 01.02.2010, but failed to appear in trial proceedings, leading to the issuance of a Non-Bailable Warrant (NBW) on 12.06.2015, allegedly without a prior bailable warrant. The petitioner claimed illness as the reason for non-appearance and stated he had not misused the period of abscondence. He had been in jail since 25.08.2022. The State opposed the bail application but did not dispute the petitioner's claim of not misusing abscondence.

Key Issues

1. Whether the issuance of a Non-Bailable Warrant (NBW) without first issuing a bailable warrant, in light of the petitioner's alleged illness and subsequent non-appearance, warrants granting bail? (Mixed question of law and fact, concerning procedural fairness and the discretion to grant bail). Petitioner's Arguments: The petitioner argued that he was falsely implicated and that the NBW was issued improperly without a preceding bailable warrant. He contended that his illness prevented his appearance and that he had not misused the period of abscondence. He also highlighted that he had been in jail since August 25, 2022, and sought release on bail to cooperate with the trial. Revenue/State's Arguments: The learned Additional Government Advocate (A.G.A.) for the State vehemently opposed the bail prayer but could not dispute the petitioner's assertion that he had not misused the period of abscondence.