Single judge permitted the applicant's bail petition. The court expressed prima facie satisfaction regarding the charge, considered jail overcrowding due to the pandemic, and ordered release on personal bond with two sureties.
Applicant Rajendra Nishad released on bail in Case Crime No. 05 of 2021 furnishing personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14481 of 2021
Applicant :- Rajendra Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Shukla 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.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is no specific role assigned to the applicant and only general role assigned to him. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. 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. It has also been submitted that the applicant is languishing in jail since 02.01.2021 It has been pointed out that criminal history of the applicant has been duly explained in paragraph no. 17 and 18 of the affidavit accompanying the bail application.
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- Rajendra Nishad , be released on bail in Case Crime No. 05 of 2021, under Sections- 411, 413, 414, 419, 420, 467, 468, 471 IPC, Police Station- Ghorpur, District- Allahabad, on furnishing a personal bond and two sureties of 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 :- 8.10.2021 Ujjawal
2 issues framed by the court
Whether bail should be granted to the applicant under Section 438 CrPC considering the pandemic situation and prima facie evidence.
How to handle the overcrowding of jails during the pandemic while considering bail applications.
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
Suo Motu Writ Petition (c) No. 1/2020Referred¶8
Courts have taken notice of the overcrowding of jails during the current pandemic situation
Rajendra Nishad
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
