Arun and Another Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Arun and Another Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants Arun and Pinku @ Lala to be released on bail in Case Crime No. 238 of 2020 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 or intimidating/pressurizing witnesses; sincere cooperation in trial without adjournments; no criminal activity after release); sureties to be verified before the release order; pending normal court functioning, enlargement on personal bond without sureties with sureties to be furnished within a month after normal functioning resumes; if enlarged on short-term bail under the Supreme Court-committee scheme, this bail effective after that period ends; computer-generated copy of the order from the official website of High Court Allahabad to be filed and its authenticity verified in writing; breach of conditions a ground for cancellation.

Issue for consideration

Whether applicants Arun and Pinku @ Lala, involved in Case Crime No. 238 of 2020 under Sections 272 IPC and 60(2) of the Excise Act (P.S. Madnapur, District Shahjahanpur), ought to be released on bail.

Court's answer

The Court held that the applicants had made out a case for bail and allowed the bail application.

Ratio / Principle

Applicants Arun and Pinku @ Lala were directed 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.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶17
Till normal functioning of the courts is restored, the applicants to be enlarged on bail on execution of personal bond without sureties.ratio¶14
If the applicants have been enlarged on short-term bail under the committee constituted under the orders of the Hon'ble Supreme Court, their bail under this order shall be effective only after the short-term bail period ends.ratio

Detailed headnote1 paragraphs

Bail application allowed. Applicants Arun and Pinku @ Lala, arraigned in Case Crime No. 238 of 2020 under Section 272 IPC and Section 60(2) of the Excise Act at Police Station Madnapur, District Shahjahanpur, and stated to be in jail since 13.05.2020 without being previous convicts, were held to have made out a case for bail. Counsel had urged that the implication under section 272 I.P.C was unjustified as a special Act held the field, the section 60(2) Excise Act offence being bailable and triable by Magistrate, and that the recovery was false. Acting on the larger mandate of Article 21 of the Constitution of India and without expressing any opinion on the merits, the Court directed release on personal bond and two sureties each, sureties to be verified before the release order, subject to conditions of no tampering with prosecution evidence or intimidation of witnesses, sincere cooperation in trial without seeking adjournments, and no criminal activity after release; breach of any condition to be a ground for cancellation of bail. Pending restoration of normal court functioning, enlargement permitted on personal bond without sureties, sureties to be furnished within a month thereafter; bail effective only after expiry of any short-term bail granted under the committee constituted per the orders of the Hon'ble Supreme Court; computer-generated copy of the order downloaded from the official website of High Court Allahabad to be filed and its authenticity verified in writing.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19372 of 2020

Applicant :- Arun And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

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

Heard Sri Mukti Nath Dwivedi, learned counsel for the applicants through Video Conferencing.

The implication of the applicants under section 272 I.P.C is unjustified. A special Act is holding the field. Offence under section 60(2) of Excise Act is bailable and triable by Magistrate. False recovery has been alleged. The applicants are languishing in jail since 13.05.2020, who are not a previous convict.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

Let the applicants, Arun and Pinku @ Lala , involved in Case Crime No. 238 of 2020, under Section- 272 IPC and Section 60(2) of Excise Act, Police Station- Madnapur, DistrictShahjahanpur, be released on bail on their 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.

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

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

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

In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.

The applicants 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.

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 :- 23.7.2020 Rohit