The High Court granted bail to the applicant under Section 3(1) of the U.P. Gangster and Anti Social Activities Act, 1986, citing jail overcrowding during the pandemic, prima facie satisfaction of charges, and constitutional principles regarding reformative punishment.
Release of applicant on bail subject to personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6980 of 2020
Applicant :- Ilahi Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that only three cases have been shown against the applicant in the Gang Chart which has been annexed at page- 24 of the bail application and in the said case, the applicant has been granted bail by the competent Court. The applicant is in jail since 16.8.2018.
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- Ilahi , be released on bail in Case Crime No.370 of 2018, under Sections- 3(1) of U.P. Gangster and Anti Social Activities Act, 1986, Police Station- Rasoolabad, District- Ramabai Nagar/Kanpur Dehat, 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.
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 :- 23.7.2021 Dev/-
3 issues framed by the court
Whether bail should be granted to the applicant considering jail overcrowding during the pandemic.
Whether the applicant satisfies the prima facie requirements for bail under the Gangster and Anti Social Activities Act, 1986.
Whether the reformative theory of punishment and Article 21 support discharge pending trial.
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
Suo Motu Writ Petition (c) No. 1/2020Referred¶8
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons
1 provisions across 1 enactments
Ilahi
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
