Allowed

Suraj and 2 Others v. State of U.P.

Allahabad HC9 Dec 2020BAIL/30440/2020

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by three accused in a criminal trial under multiple IPC sections. Relying on para 21 dictum and prevailing conditions in jails due to the novel coronavirus, the Court viewed that a case for bail was made out without expressing an opinion on merits, granting release subject to conditions.

What did the court decide?

Applicants (Suraj, Alok @ Chandan Pandey, and Brijesh) to be released on bail by furnishing a personal bond and two sureties each, subject to specific temporary conditions regarding verification of or

Suraj and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30440 of 2020

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Applicant :- Suraj And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Rajendra Prasad Singh, learned counsel for the applicants and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicants with a prayer to release their on bail in Case Crime No. 175 of 2020, under Sections - 147, 323, 332, 353, 504 IPC, Police Station- Chopan, District- Sonbhadra, during pendency of trial.

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It is contended by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The applicants have not committed the alleged offence. There is no independent witness of the alleged incident. It is next submitted that co-accused Guddu @ Shiv Shanker Jaiswal has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 28569 of 2020 vide order dated 4.11.2020. The case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 15.7.2020, having criminal history, which has been explained in paragraph nos. 3 to 5 in supplementary affidavit and paragraph no. 8 of the affidavit filed in support of bail application. Applicants undertake that if they are released on bail, 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 has opposed the prayer for bail of the applicants.

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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

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expressing any opinion on the merits of the case, the Court is of the view that the applicants has made out a case for bail. The bail application is allowed.

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Let the applicant, Suraj, Alok @ Chandan Pandey and Brijesh, who are involved in aforesaid crime 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.

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

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

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

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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 his bail shall be effective after the period of short term bail comes to an end.

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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. 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.

Suraj and 2 Others v. State of U.P.

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Suraj and 2 Others v. State of U.P.

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