Allowed

Ram Kripal v. State of U.P.

Allahabad HC1 Dec 2021BAIL/24731/2021

Case brief

AI extract

What is this about?

In a bail application under the Arms Act, the High Court allowed the applicant's bail, observing that the alternative measures would not frustrate the judicial process and noting jail overcrowding during the pandemic. The court emphasized the applicant's lack of tampering risk.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence or witnesses.

Ram Kripal Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24731 of 2021

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Applicant :- Ram Kripal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed by the applicant is taken in the record.

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Heard Shri Rajesh Singh, learned counsel for the applicant and Sri Nafees Ahmad, learned A.G.A. for the State.

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A first information report was lodged as Case Crime No.150 of 2021 at Police Station-Sarai Aqil, DistrictKaushambi, under Sections 3/5/25 of the Arms Act. The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.8, Kaushambi on 06.05.2021.

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The applicant is in jail since 14.04.2021, pursuant to the said F.I.R.

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Shri Rajesh Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The firearm was planted on the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the recovery. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no

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bearing on the instant case. Lastly it is contended by the 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.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.

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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.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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

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Let the applicant- Ram Kripal involved in Case Crime No.150 of 2021 at Police Station-Sarai Aqil, DistrictKaushambi, under Sections 3/5/25 of the Arms Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 1.12.2021

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Ashish Tripathi

Ram Kripal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Kripal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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