Allowed

Anil Devid v. State of U.P.

Allahabad HC7 Jun 2021BAIL/5031/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the High Court allowed the applicant to be released on bail while in jail since December 2018, citing overcrowding concerns during the pandemic and lack of sufficient grounds for rejection by the Sessions Judge.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties subject to specified conditions including attendance and verification of court orders.

Anil Devid Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5031 of 2021

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Applicant :- Anil Devid Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Mishra,Praveen Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Praveen Mishra, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.108 of 2018 at Police Station-Kotwali, District-Kanpur Nagar on 19.04.2018 under Sections 420, 467, 468, 469, 471, 120-B IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.1, Kanpur Nagar on 26.11.2020.

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The applicant is in jail since 03.12.2018, pursuant to the said F.I.R.

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Sri Praveen Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The case is a counter blast to the F.I.R. registered by the applicant as case crime no.220 of 2013 under Sections 420, 467, 468, 471, 120-B, 323 and 504 IPC, Police Station-Sadar Bazar, DistrictMeerut. The applicant was appointed as a Director by the Church of India (C.I.P.B.C.) and was duly authorized to open the bank account in the name of Lucknow Diocesan Trust Association (LDTA) at

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Meerut. A civil dispute is pending before the civil court between inter se the parties. The applicant does not have any criminal history. Lastly it is submitted by Sri Praveen Mishra, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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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.

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I see merit in the submissions of Sri Praveen Mishra, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Anil Devid be released on bail in Case Crime No.108 of 2018 at Police Station-Kotwali, District-Kanpur Nagar registered on 19.04.2018 under Sections 420, 467, 468, 469, 471, 120-B IPC, on his furnishing a personal bond and two sureties each in the

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like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) 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. (iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicants fail 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.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vi) 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.

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Order Date :- 7.6.2021 Ashish Tripathi

Anil Devid v. State of U.P.

Case brief

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Anil Devid v. State of U.P.

Case brief

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