Allowed

Ashok Srivastav v. State of U.P.

Allahabad HC13 Jul 2020BAIL/10956/2020

Case brief

AI extract

What is this about?

The court allowed bail to the applicant in a criminal case involving police party firing and murder allegations, citing limited evidence against him and the COVID-19 pandemic conditions in jails, relying on Supreme Court precedents.

What did the court decide?

Applicant granted bail under Sections 302, 201, and 120-B IPC on personal bond and sureties, subject to specific conditions including no tampering with evidence and cooperation in trial.

Ashok Srivastav Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10956 of 2020

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Applicant :- Ashok Srivastav Opposite Party :- State of U.P. Counsel for Applicant :- Satish Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Satish Chandra Tiwari, counsel for the applicant and learned A.G.A for the State.

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There are no allegations in the FIR against the applicant. The allegations are against five named accused persons in the FIR. Recovery of the dead body was made on the information of the village chaukidar on 22.07.2019. The applicant was arrested along with two co-accused persons, namely, Anupam Pathak and Nitesh Saxena, in a case of police party firing. The applicant has been implicated in this case thereafter. On the basis of the statement of two witnesses, namely, Satyapal and Mahendra. It has been submitted by the counsel for the applicant that except the statement of two witnesses aforesaid. There is no other evidence against him. The applicant is in jail since 23.07.2019 and has criminal history of 16 cases explained in paragraph 19 of the affidavit in support of the bail application. There is no possibility of earlier conclusion of trial in view of the present situation arising out of the corona virus pandemic.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ashok Srivastav , in Case Crime No. 122 of 2019, under Sections- 302, 201 and 120-B IPC, Police StationPatiyali, District- Kasganj, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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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 bail shall be effective after the period of short term bail comes to an end.

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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.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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

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Order Date :- 13.7.2020 Rohit

Ashok Srivastav v. State of U.P.

Case brief

What is this about?

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Ashok Srivastav v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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