Criminal Misc. Bail Application allowed. The High Court of Allahabad, relying on AD's bail order and pandemic conditions, directed the release of the applicant on personal bond and sureties. Conditions attached for trial attendance and non-tampering.
Released on bail via personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13918 of 2021
Applicant :- Mohd. Saif @ Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on account of enmity with village pradhan. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. There are no reported criminal antecedents against the applicant. The applicant is in jail since 07.12.2020. Learned counsel has next contended that similarly situated coaccused Amrul has been granted bail by co-ordinate Bench of this Court vide order dated 07.04.2021 passed in Criminal Misc. Bail Application No. 13774 of 2021, copy of the bail order has been produced before this court and is taken on record. It is thus contended that the applicant is entitled for bail on the ground of parity.
Learned A.G.A. has vehemently opposed the prayer.
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.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case
of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Mohd. Saif @ Sonu , be released on bail in Case Crime No. 361 of 2020 under Sections 3/5A/8 The Prevention of Cow Slaughter Act, Police Station Mirzapur, District Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 14.9.2021
S.Ali
1 issue framed by the court
Whether bail should be granted to the applicant considering his co-accused was granted bail and the nature of the case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
[2018] 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mohd. Saif @ Sonu
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
