The court granted bail to the applicant Prem Singh @ Pamma, referencing parity with a co-accused and pandemic conditions, releasing him on a bond with sureties subject to standard conditions found in para 10.
Released on bail with a personal bond and two sureties of Rs. 2 Lacs each.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35123 of 2021
Applicant :- Prem Singh @ Pamma Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kukmar Tiwari 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 coaccused Shubhdeep having similar role has been granted bail by this Court vide order dated 02.07.2021 in Criminal Misc. Bail Application No. 14138 of 2021, a copy of said order has been annexed as Annexure No. 3 to the affidavit filed in support of bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It has also been submitted that the applicant is languishing in jail since 26.01.2021. Criminal history of the applicant has been duly explained in paragraph no. 6 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- Prem Singh @ Pamma , be released on bail in Case Crime No. 62 of 2021, under Sections- 411, 413, 414 IPC and 41/102 Cr.P.C., Police Station- Sadar Bazar, District- Shahjahanpur, on furnishing a personal bond and two sureties of Rs. Two Lacs each (One should be of a family member) before the 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 :- 2.9.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.09.03 15:26:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused and pandemic-related jail overcrowding.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶9
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Contagion of COVID 19 Virus in prisonsReferred¶8
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons
2 provisions across 2 enactments
Prem Singh @ Pamma
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
