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

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

What the court decided

AI extract

Outcome

Release of applicant Sajjad on bail in Case Crime No. 137 of 2020 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions; pending restoration of normal court functioning, enlargement on personal bond without sureties, with sureties to be furnished within a month after normal functioning of courts is restored.

Issue for consideration

Whether the applicant Sajjad, implicated in Case Crime No. 137 of 2020 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (P.S. Tanda, District Rampur), should be released on bail during pendency of trial.

Court's answer

Bail granted to the applicant in Case Crime No. 137 of 2020 (S. 3(1) U.P. Gangsters Act) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, without expressing any opinion on the merits, having considered the material on record, the larger mandate of Article 21 and the dictum in Dataram Singh Vs. State of U.P., (2018) 3 SCC 22; subject to conditions: no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournments; no criminal activity after release; if enlarged on short-term bail under the Supreme Court committee orders, this bail takes effect only after the short-term bail ends; until normal court functioning is restored, enlargement on personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes; computer-generated copy of the order to be filed and verified against the official website of High Court Allahabad.

Ratio / Principle

Breach of any of the bail conditions imposed shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

Bail granted — Sajjad, accused in Case Crime No. 137 of 2020 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (P.S. Tanda, District Rampur), already on bail in the gang-chart cases and in jail since 5.6.2020, ordered released on personal bond with two sureties each in the like amount by the High Court Allahabad (Gautam Chowdhary, J.; Order Date 15.10.2020), without expressing any opinion on the merits, considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22. Conditions imposed include non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, abstention from criminal activity, effectiveness of bail only after expiry of any short-term bail under Supreme Court committee orders, interim enlargement on personal bond without sureties till normal court functioning with sureties within a month thereafter, and filing/verification of computer-generated copy of the order; breach of conditions to be a ground for cancellation of bail.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33188 of 2020

Applicant :- Sajjad Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

The present bail application has been filed on behalf of the applicant, Sajjad , with a prayer to release him on bail in Case Crime No. 137 of 2020, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police StationTanda, District- Rampur, during pendency of trial.

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is languishing in jail since 5.6.2020.

Learned AGA for the State has vehemently opposed the prayer for bail.

Having considered the material on record, 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, let the applicant, involved in the 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 with the following conditions that :-

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/her 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 :- 15.10.2020 Vandana