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

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

What the court decided

AI extract

Outcome

Release of applicant Irshad on bail in Case Crime No. 351 of 2013, under Sections 452, 392, 364 IPC, Police Station Budhapur, District Bijnor, on furnishing a personal bond and two sureties each in the like amount, subject to seven enumerated conditions (including no tampering with prosecution evidence or witnesses, sincere cooperation in trial without adjournments, no criminal activity after release, and bail effective only after expiry of any short-term bail granted under the Supreme Court committee orders); interim enlargement on personal bond without sureties till normal functioning of the courts is restored, with sureties to be furnished within a month thereafter; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Irshad, in custody since 20.11.2013 in Case Crime No. 351 of 2013 under Sections 452, 392, 364 IPC (Police Station Budhapur, District Bijnor), should be enlarged on bail in his second bail application, with the trial on the verge of conclusion.

Court's answer

Bail application allowed: keeping in view the nature of the offence, the arguments advanced, the evidence on record regarding complicity of the accused, the larger mandate of Article 21 of the Constitution and the dictum of the Apex Court in Dataram Singh (2018) 3 SCC 22, and without expressing any opinion on the merits of the case, the applicant has made out a case for bail.

Ratio / Principle

Applicant Irshad to be released on bail in Case Crime No. 351 of 2013 on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to enumerated conditions; sureties to be verified before the release order is issued.

Key takeaways

Pending restoration of normal court functioning amid the pandemic, the applicant shall be enlarged on bail on execution of personal bond without sureties, and shall furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.) allows a second bail application by Irshad, accused in Case Crime No. 351 of 2013 under Sections 452, 392, 364 IPC, Police Station Budhapur, District Bijnor. With the trial on the verge of conclusion — the accused's statement under section 313 Cr.P.C having been recorded in September 2019 — and further progress stalled by the novel coronavirus pandemic, and noting the applicant's incarceration since 20.11.2013, absence of criminal history, and allegation of false implication, the Court grants bail relying on the larger mandate of Article 21 of the Constitution and the dictum of the Apex Court in Dataram Singh Vs. State of U.P., (2018) 3 SCC 22, without expressing any opinion on the merits. Release is ordered on a personal bond with two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or intimidation of witnesses, cooperation in trial without adjournments, no criminal activity after release, and bail effective after expiry of any short-term bail under the Supreme Court committee's orders); pending restoration of normal court functioning, enlargement is on personal bond without sureties, with sureties due within a month thereafter. Breach of any condition is a ground for cancellation of bail.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2347 of 2018

Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Mr Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

This is second bail application

Heard Sri Mr Praveen Kumar Srivastava, counsel for the applicant and learned A.G.A for the State.

The trial is on the verge of the conclusion. Counsel for the applicant has informed that the statement of the accused under section 313 Cr.P.C has been recorded by the court below in September, 2019. Thereafter, the trial has not proceeded. On account of spread of pandemic novel corona virus, the courts are not likely to function properly for about coming 6 months. The applicant alleges false implication in this case. He is in jail since 20.11.2013 and has no criminal history to his credit.

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

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.

Let the applicant- Irshad , in Case Crime No. 351 of 2013, under Sections- 452, 392, 364 IPC, Police Station- Budhapur, District- Bijnor, 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.

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.

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 :- 17.6.2020

Rohit