Allowed

Musarrat and 2 Others v. State of U.P.

Allahabad HC28 Sept 2021BAIL/33833/2021

Case brief

AI extract

What is this about?

The single judge bail application of Musarrat and two others facing prosecution under the U.P. Gangster Act was allowed. Considering jail overcrowding during the pandemic and the applicants' prior bail in the connected case, they were released on a personal bond and sureties.

What did the court decide?

Applicants Musarrat, Rozi and Gulista released on bail by furnishing personal bond and two sureties each.

Musarrat and 2 Others Vs State of U.P. — Quashing and FIR | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33833 of 2021

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Applicant :- Musarrat And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants, learned AGA, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicants that only one case has been shown against the applicants in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicants have been granted bail by the competent Court. The applicants are ladies and in jail since 22.07.2021.

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Learned A.G.A. has vehemently opposed the prayer.

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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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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.

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Let applicants- Musarrat, Rozi and Gulista , be released on bail in Case Crime No. 138 of 2021, under Sections- 3(1) U.P. Gangster Act, Police Station- Gambhirpur, District- Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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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.

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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.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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

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

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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.

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Order Date :- 28.9.2021 Arti

Musarrat and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Musarrat and 2 Others v. State of U.P.

Case brief

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What did the court decide?

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