Allowed

Mithun v. State of Up

Allahabad HC6 Jul 2020BAIL/12793/2020

Case brief

AI extract

What is this about?

The Court allowed the bail application of Mithun, an applicant ill with Hepatitis-B who surrendered after a previous bail was cancelled. Despite the nature of the offence under the Gangster Act, the Court held that the applicant made out a case for bail considering his health, poverty, and the pandemic-induced court disruptions.

What did the court decide?

Release of the applicant on bail on execution of a personal bond without sureties initially, subject to strict conditions to be verified upon restoration of normal court functioning.

Mithun Vs State of Up — Bail and Remand | Allahabad HC (2020)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12793 of 2020

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Applicant :- Mithun Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard learned counsel for the applicant and learned A.G.A. through Video Conferencing. Despite time granted to the learned A.G.A. to file counter afÏdavit on 20.4.2020 no counter afÏdavit has been filed.

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It is submitted that initially applicant was granted bail by this court on 20.4.2010.He attended the the court upto the year 2013.Thereafter be become ill and on account of his illness, he could not appear and the bail granted to the applicant was cancelled.Applicant has brought on record the prescription of District Male Hospital, Budaun,which certifies that he was suffering from Hepatitis-B. Applicant surrendered before the court below on 14.2.2020 and he is in jail since then.It is further submitted that applicant is poor person and on account of illness he could not get proper legal advice,therefore his bail was cancellled.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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, Mithun , who is involved in Case Crime No. 498 of 2009, under Sections 2/3 U.P. Gangster Act Police Station-Surajpur, DistrictGautam Budh Nagar, 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 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 ofÏcial website of High Court Allahabad.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial 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 :- 6.7.2020 Atul kr. sri.

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.07.07 10:10:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mithun v. State of Up

Case brief

What is this about?

What did the court decide?

Mithun v. State of Up

Case brief

What is this about?

What did the court decide?

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