In a bail application filed under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, the court granted bail to the applicant, Yashwant, citing parity with a co-accused and considering pandemic-related jail overcrowding issues.
Applicant allowed to be released on bail furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36999 of 2021
Applicant :- Yashwant Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pal,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sanjay Kumar Pal, 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 Prithvi, who has been granted bail by this Court vide order dated 3.2.2021, passed in Crl. Misc. Bail Application No. 8045 of 2021,(copy of the said order has been annexed as Annexure-3 to the affidavit filed in support of instant bail application), the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant having one case of previous criminal history is on bail. The applicant is in jail since 31.03.2020.
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- Yashwant, be released on bail in Case Crime No. 206 of 2020, under Section- 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Ghosi, District- Mau, be enlarged on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in
accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the 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 :- 7.10.2021 ssm
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who has already been granted bail.
Whether overcrowding and pandemic circumstances in jails are relevant factors for granting bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
Contagion of Covid 19 Virus in prisonsReferred¶8
Sue, Motu Writ Petition (c) No. 1/2020
5 provisions across 3 enactments
Yashwant
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
