Allowed

Irshad v. State of U.P.

Allahabad HC13 Jul 2020BAIL/9613/2020

Case brief

AI extract

What is this about?

In a second bail application regarding a murder charge, the High Court allowed bail for the applicant considering the spread of the novel Corona virus and threat to life in jail, citing Article 21 and a Supreme Court precedent, despite the trial not concluding.

What did the court decide?

The applicant was released on bail on his furnishing a personal bond and two sureties each, subject to specific conditions regarding conduct and verification of the order.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9613 of 2020

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Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Sunil Kumar Tiwari, counsel for the applicant and learned A.G.A for the State.

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This is second bail application of the applicant.

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The third bail application of the applicant was rejected on 25.04.2018 expecting from the trial court that it shall decide the case expeditiously.

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Counsel for the applicant has submitted that despite the aforesaid order of this court dated 25.04.2018 the trial court has not concluded the trial. It has further been submitted that the applicant is languishing in jail since 23.05.2017. He has no criminal history to his credit. This is his first implication. In view of the current situation arising out of the spread of novel corona virus there is threat to the life of the applicant since virus is spreading in jail also. The copy of the order sheet of the court below has been brought on record which shows that no witness has been examined till date before the trial court. There is no possibility of earlier conclusion of trial in view of the present situation arising out of the corona virus pandemic.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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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 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- Irshad , in Case Crime No. 439 of 2017, under Section- 302 IPC, Police Station- Lisari Gate, District-

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Meerut, 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.

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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 :- 13.7.2020 Rohit

Irshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irshad v. State of U.P.

Case brief

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