Criminal Misc. Bail Application allowed. High Court set aside rejection and granted bail to applicant in Electricity Act case, imposing standard personal bond with sureties and attendance conditions.
Applicant enlarged on bail with personal bond and two sureties; default provisions including proclamation under S. 82 Cr.P.C. and proceedings under S. 174-A IPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7720 of 2021
Applicant :- Mubarik @ Kaka Opposite Party :- State of U.P. Counsel for Applicant :- Firoz Haider Counsel for Opposite Party :- G.A.,Chandan Agarwal
Hon'ble Ajay Bhanot,J.
Heard Sri Firoz Haider, learned counsel for the applicant, Sri Narendra Kumar Tiwari, learned counsel for Power Corporation and learned A.G.A for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No.0031 of 2020 at Police Station- Rampur Maniharan District- Saharanpur on 27.01.2020 under Section 136 of the Electricity Act.
The bail application of the applicant was rejected by learned Special Judge E.C. Act/ Additional Sessions Judge, Court No. 4, Saharanpur on 08.01.2021.
The applicant is in jail since 17.12.2020 pursuant to the said F.I.R.
Sri Firoz Haider, learned counsel for applicant contends that the police authority had submitted a final report in the court exonerating the applicant after due investigation. However further investigation was ordered on the foot of a confession by an accused in another case before the police officers. The said accused person had named the applicant in a confessional statement before the police authorities. The applicant has explained his criminal history. Lastly it is contended by Sri Firoz Haider, 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.
Sri Narendra Kumar Tiwari, learned counsel for Power Corporation and learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
Courts have taken notice of the overcrowding of jail 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.
I see merit in the submissions of the 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.
Let the applicant Mubarik @ Kaka be released on bail in Case Crime No.31 of 2020 at Police Station- Rampur Maniharan District- Saharanpur under Section 136 of the Electricity Act on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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.
(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 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(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.
Order Date :- 11.6.2021 Nadeem Ahmad
1 issue framed by the court
Whether the applicant is entitled to bail given the final report exonerating him and broader considerations of jail overcrowding during the pandemic.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020Referred¶12
4 provisions across 3 enactments
Mubarik @ Kaka
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
