The High Court allowed bail to Sunil Parashar in a gangster act case, noting his lack of criminal history, the pandemic-induced jail overcrowding, and a meritorious defense filed by his counsel.
Applicant released on bail in Case Crime No.0097 of 2021 under Section 2/3 U.P. Gangster Act on personal bond and two sureties with specific conditions.
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Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19020 of 2021
Applicant :- Sunil Parashar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Rahul Kumar Sharma, learned counsel for the applicant and learned A.G.A for the State through video conferencing mode.
Sri Rahul Kumar Sharma, learned counsel for the applicants does not press the bail application of the second applicant, namely, Jitendra Mahaur. He seeks liberty to file a fresh bail application on behalf of applicant No. 2 Jitendra Mahaur along with the relevant documents.
In view of the peculiar facts of this case the second bail application filed on behalf of Jitendra Mahaur shall be treated as the first bail application.
A first information report was lodged against the applicant No. 1 as Case Crime No.0097 of 2021 at Police Station-Iglas, District-Aligarh on 01.03.2021 under Section 2/3 U.P Gangster and Anti Social Activities (Prevention) Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/ Special Judge, Gangster Act, Court No. 2, Aligharh on 08.04.2021.
The applicant is in jail since 31.03.2021, pursuant to the said F.I.R.
Sri Rahul Kumar Sharma, learned counsel for applicant submits that the applicant No. 1 Sunil Parashar has been granted bail in the solitary criminal case depicted against him in
the gang chart. Apart from the above said case the applicant does not have any criminal history and has been falsely implicated in this case. He is not a member of any criminal gang. Lastly it is submitted by Sri Rahul Kumar Sharma, learned counsel for applicant that the applicant 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 manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
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.
I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merit of the case, the bail application is allowed.
Let the applicant No. 1-Sunil Parashar be released on bail in Case Crime No.0097 of 2021 at Police Station-Iglas, DistrictAligarh, under Section 2/3 U.P Gangster and Anti Social Activities (Prevention) Act, on his 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:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and
when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) The applicant 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.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(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.
Order Date :- 19.5.2021 Nadeem Ahmad
Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 15:54:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail given his lack of criminal history, lack of gang membership, and the impact of the pandemic on jail overcrowding.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶14
4 provisions across 3 enactments
Sunil Parashar
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
