Surendra v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33893 of 2021

Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Suresh Chandra Verma,Devesh Kumar Verma 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 only one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 1 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in para 8 to the affidavit filed in support of bail application. The applicant is in jail since 18.02.2020.

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.