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

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

What the court decided

AI extract

Outcome

Bail application allowed; applicant Rajesh Savita to be released on bail in Case Crime No. 257 of 2020 on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or intimidating/pressurising witnesses, sincere cooperation in trial without adjournments, no criminal activity after release, bail effective after any short-term bail under the Supreme Court committee's orders ends); interim enlargement on personal bond without sureties till normal functioning of courts is restored, with sureties within a month thereafter; computer-generated copy of the order downloaded from the official website of High Court Allahabad to be filed and verified.

Issue for consideration

Whether applicant Rajesh Savita should be released on bail in Case Crime No. 257 of 2020 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, during pendency of trial.

Court's answer

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 v. State of U.P., and without expressing any opinion on the merits, the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions.

Ratio / Principle

Till normal functioning of the courts is restored, the applicant is to be enlarged on bail on execution of a personal bond without sureties, with sureties to be furnished to the satisfaction of the court below within a month after normal functioning resumes.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.) allowed the Criminal Misc. Bail Application No. 39425 of 2020 of Rajesh Savita seeking bail in Case Crime No. 257 of 2020 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bidhnoo, District Kanpur Nagar, during pendency of trial. Per the gang chart the applicant was shown involved in one criminal case in which he was already on bail; he alleged false implication due to police rivalry and had been in jail since 07.09.2020. 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 v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Court directed release on bail on a personal bond and two sureties each in the like amount, with conditions: no tampering with prosecution evidence or intimidating/pressurising witnesses; sincere cooperation in trial without adjournments; no criminal activity after release; if enlarged on short-term bail under the committee constituted under Supreme Court orders, regular bail effective only after the short-term bail ends; pending restoration of normal court functioning, enlargement on personal bond without sureties, sureties to be furnished within a month thereafter; computer-generated copy of the order downloaded from the official website of High Court Allahabad to be filed and its authenticity verified in writing; breach of conditions to be a ground for cancellation of bail.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39425 of 2020

Applicant :- Rajesh Savita Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Order on Crl. Misc. Exemption Application

The exemption application is allowed.

Order on Crl. Misc. Bail Application

Heard Sri Sanjay Srivastava, counsel for the applicant and learned A.G.A for the State.

The instant bail application has been filed on behalf of the applicant, Rajesh Savita , with a prayer to release him on bail in Case Crime No. 257 of 2020, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Bidhnoo, District- Kanpur Nagar, during pendency of trial.

According to the gang chart the applicant is said to has been involved in one criminal case wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 07.09.2020.

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 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 :- 19.11.2020 Rohit