The Court granted bail to the applicant in a criminal trial, considering parity with a co-accused, jail overcrowding, and constitutional mandates under Article 21, without deciding the merits of the case.
Release of applicant on bail with personal bond and two sureties subject to aiding trial and not tampering with witnesses.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36019 of 2021
Applicant :- Saleem @ Billi Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary Affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Deepak Kumar, learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant's case is at par with co-accused namely Mohd, Ali Khan, who has been granted bail by co-ordinate Bench of this Court vide order dated 24.9.2021, passed in Crl. Misc. Bail Application No. 34447 of 2021, (copy of the said order has been produced before the Court which is taken on record), the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. In two cases slapped against the applicant after the arrest in the present case, applicant has been granted bail and that has been explained in paragraph 12 of the affidavit filed in support of instant bail application. The applicant is in jail since 16.07.2021.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused person has been granted bail.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref: Sue, 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, enlargement of co-accused on bail, 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- Saleem @ Billi, be released on bail in Case Crime No. 358 of 2021, under Sections- 379, 411 IPC, Police Station- Syohara, DistrictBijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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.
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 :- 5.10.2021 ssm
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of innocence, parity with co-accused already granted bail, and overcrowding of jails during the pandemic.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Sue, Motu Writ Petition (c) No. 1/2020Referred¶9
Saleem @ Billi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
