Rajiya v. State of U.P.
Case brief
What is this about?
This is a bail application where the High Court granted bail to an accused, noting jail overcrowding during the pandemic, while not expressing an opinion on the case merits.
What did the court decide?
Relief granted by releasing the applicant on bail in Case Crime No. 995 of 2021, subject to conditions.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40955 of 2021
Applicant :- Rajiya Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Jaiswal,Ajeet Kumar Chaurasiya 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.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. There are no reported criminal antecedents against the applicant. The applicant is a lady and languishing in jail since 09.09.2021.
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.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in light of overcrowding and prima facie satisfaction of the court.
Parties & counsel
- applicant
Rajiya
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/40955/2021
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