Allowed

Bhura v. State of U.P.

Allahabad HC21 Oct 2020BAIL/22210/2020

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court allowed bail application of applicant Bhura accused of dacoity. Court relied on public health concerns due to spread of Corona virus and Article 21. Conditional bail granted subject to bond and sureties post-normalization of court functioning.

What did the court decide?

Bail allowed on furnishing personal bond and two sureties, contingent on verification due to COVID-19 status and later submission of sureties once courts resume normal functioning.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22210 of 2020

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Applicant :- Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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On 24.9.2020, learned A.G.A. was granted time to file counter affidavit but the same has not been filed.

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The allegation in the First Information Report against unknown persons is that Rs.10,000/-, one pair of earrings of the wife of the informant and mobile phone of the informant were snatched along with Adhar Card, A.T.M. Card. Another mobile phone of Rahul and Rs.1700/- of Subhash were also snatched.Learned counsel for the applicant has submitted that it is a case of false implication. Applicant has been implicated because of criminal history of thirty cases against him.The recovery of Rs.1140/-, Adhar Card of the informant and earrings of the wife of the informant are alleged to have been made from the applicant but there is no public witness of the recovery.No test identification parade was conducted to identify the applicant. The applicant is in jail since 3.11.2019.The criminal history of the applicant has been explained in supplementary affidavit and bail application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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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,

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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, Bhura, who is involved in Case Crime No. 290 of 2019, under Sections 395, 412 I.P.C, Police Station-Bhagatpur , DistrictMoradabad, 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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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

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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 :- 21.10.2020 Atul kr. sri.

Bhura v. State of U.P.

Case brief

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Bhura v. State of U.P.

Case brief

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