Allowed

Rahman and Another v. State of U.P.

Allahabad HC10 Jun 2021BAIL/13586/2021

Case brief

AI extract

What is this about?

This judgment allows a criminal miscellaneous bail application filed by Rahman and Mustaq against the State of U.P. The court held that the applicants were falsely implicated and are not gang members. Considering the pandemic-induced jail overcrowding and lack of specific merit objections, the court granted bail with standard conditions.

What did the court decide?

The applicants are to be released on bail by furnishing a personal bond and two sureties each.

Rahman and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13586 of 2021 Applicant :- Rahman And Another Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Ajay Bhanot,J.

¶3

Heard Shri Narendra Singh, learned counsel for the applicants and learned AGA for the State through video conferencing mode.

¶4

A first information report was lodged against the applicants as Case Crime No.321 of 2020 at Police Station-Awagarh, District-Etah on 29.10.2020 under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

¶5

The bail application of the applicants were rejected by learned Incharge Special Judge, Gangsters Act/Additional Sessions Judge, Court No. 5, Etah on 20.01.2021.

¶6

The applicants are in jail since 25.09.2020, pursuant to the said F.I.R.

¶7

Shri Narendra Singh, learned counsel for the applicants contends that the applicants have been enlarged on bail in two criminal cases depicted in the gang chart. The applicants have been falsely implicated in the instant case. They are not member of any criminal gang. The applicants have explained their criminal history. Lastly it is submitted by Shri Narendra Singh, learned counsel for applicants that the applicants shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any

¶8

manner.

¶9

Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

¶10

Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

¶11

I see merit in the submissions of Shri Narendra Singh, learned counsel for the applicants and accordingly hold that the applicants are entitled to be enlarged on bail.

¶12

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶13

Let the applicants- Rahman And Mustaq be released on bail in Case Crime No.321 of 2020 at Police Station-Awagarh, District-Etah, registered on 29.10.2020 under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶14

(i) The applicants shall remain present before the trial court on each date fixed, either through their counsel or personally as and when directed by the learned trial court. In case of their absence, without sufficient cause, the trial

¶15

court may proceed against them in accordance with law.

¶16

(ii) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶17

(iii) In case, the applicants misuses the liberty of bail during trial, the trial in order to secure their presence may issue a proclamation under Section 82 Cr.P.C. In case the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

¶18

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶19

(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶20

(vi) 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.

¶21

Order Date :- 10.6.2021 Dhananjai

Rahman and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahman and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijay Verma Vs State of U.P.

Mangroo Yadav Vs State of U.P.

Rashid Vs State of U.P.

Nawab Ali Vs State of U.P.

Kripal and Another Vs State of U.P.

Sandeep Kumar Singh Vs State of U.P.