Sonu Jatav Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Sonu Jatav Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: applicant Sonu Jatav to be released on bail in Case Crime No. 864 of 2019 (Sections 2/3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Nagar, District Etah) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence, sincere cooperation in trial without adjournments, no further criminal activity, bail effective after expiry of any short-term bail, interim release on personal bond without sureties till normal court functioning with sureties within a month thereafter); breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Sonu Jatav should be released on bail in Case Crime No. 864 of 2019 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Etah, during pendency of trial.

Court's answer

Bail granted: having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh, and without expressing any opinion on the merits, the applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions.

Ratio / Principle

If the applicant has been enlarged on short-term bail as per the order of the committee constituted under the orders of the Hon'ble Supreme Court, the bail granted by this order shall be effective only after the period of short-term bail comes to an end.

Key takeaways

Pending restoration of normal court functioning, the applicant was to be enlarged on bail on execution of a personal bond without sureties, with sureties to be furnished to the satisfaction of the court below within a month after normal functioning of the courts is restored; if the court below is functioning normally, this condition does not apply.ratio¶13
Breach of any of the bail conditions imposed by the order shall be a ground for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Sections 2/3 — Case Crime No. 864 of 2019, P.S. Kotwali Nagar, District Etah — applicant in jail since 05.08.2019 — gang chart showed involvement in two cases in each of which he was already on bail; criminal history of 21 further cases explained in supplementary affidavit — having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Allahabad High Court (Siddharth, J.) allowed the bail application and directed release on a personal bond with two sureties each in the like amount, subject to conditions including non-tampering with prosecution evidence, cooperation in trial, abstention from criminal activity, deferment of the bail until expiry of any short-term bail granted under the Supreme Court committee's orders, and interim enlargement on personal bond without sureties until normal court functioning resumes (sureties within one month thereafter) — breach of conditions to be a ground for cancellation of bail.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11439 of 2020

Applicant :- Sonu Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant bail application has been filed on behalf of the applicant, Sonu Jatav, with a prayer to release him on bail in Case Crime No. 864 of 2019 under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar, District- Etah, during pendency of trial.

According to the gang chart, the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by the court concerned. Apart from the cases shown in the gang chart, the applicant has criminal history of 21 more cases which have been explained in the supplementary affidavit. The applicant is languishing in jail since 05.08.2019.

Having considered the material on record, 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, let the applicant involved in the aforesaid 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 :-

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

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

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

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.

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. In case the court below is functioning normally, this condition will not apply and the applicant shall be enlarged on bail on execution of personal bond and two sureties to the satisfaction of the court below.

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

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.

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

Order Date :- 22.9.2020 KS