Allowed

Ranjeet v. State of U.P.

Allahabad HC9 Dec 2020BAIL/23253/2020

Case brief

AI extract

What is this about?

The Court allowed the bail application of the applicant in a criminal case involving sections 147, 148, 149, 307 IPC. Granting bail in light of the spread of the novel corona virus, citation of Apex Court precedents, and the applicant's circumstances while imposing standard surety conditions and caveats regarding short-term bail orders.

What did the court decide?

Application allowed. Applicant released on bail subject to personal bond and two sureties after normal COVID-19 protocols are established, with verification of the order via official website.

Ranjeet Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23253 of 2020 Applicant :- Ranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh,Amit Daga Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Dharam Veer Singh,Mithilesh Kumar Shukla

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Hon'ble Rajiv Joshi,J.

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Heard Sri Amit Daga, learned counsel for the applicant and Sri Anoop Trivedi, learned Senior counsel assisted by Sri Mithilesh Kumar Shukla, learned counsel for informant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 520 of 2019, under sections 147, 148, 149, 307, 323, 336, 504, 506 IPC, police station Tundla, district Firozabad during pendency of trial.

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It is submitted by learned counsel for applicant that as per the FIR, the role assigned to applicant and three other co-accused for firing. It is next submitted that co-accused, Sooraj alias Chhaini, Dharamveer @ Dhamma and Adesh, who have already been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 2430 of 2020, 6621 of 2020 and 10976 of 2020 vide orders dated 17.1.2020, 19.5.2020 and 17.6.2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity and the applicant is facing detention since 06.01.2020. It is also submitted that the applicant has criminal history of two cases, which has been explained in paragraph no. 22 to 24 of the affidavit filed in support of bail application. It is lastly submitted that there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned AGA as well as learned counsel for informant has opposed the prayer for bail with the submission that the bail of co-accused Suraj, has been obtained by misleading the facts and he has also charge-sheeted under section 302 of IPC, in other case after granting bail and the present applicant is also chargesheeted under section 302 of IPC in the same.

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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

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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, Ranjeet , who is involved in 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 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 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 :- 9.12.2020/S.K.

Ranjeet v. State of U.P.

Case brief

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Ranjeet v. State of U.P.

Case brief

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