Allowed

Subhan Ansari v. State of U.P.

Allahabad HC7 Feb 2022BAIL/2568/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal bail application filed by Subhan Ansari under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court considered interval between bail grants and pandemic-related jail overcrowding as sufficient grounds for release on bail.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to standard conditions of not tampering with evidence or engaging in unlawful activities.

Subhan Ansari Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2568 of 2022

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Applicant :- Subhan Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 330 of 2021, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station - Ekdil, District Etawah.

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Contention is that the applicant has already been enlarged on bail in two cases which are shown in the gang chart against him being Case Crime No. 109 of 2021 and 122 of 2021, under Sections 392/411 IPC and Section 4/25 Arms Act. The bail orders granted in these two cases are annexed as Annexure 3 & 4 to the bail application. It is alleged that the applicant has been falsely implicated in all cases and that he otherwise has no criminal history and applicant undertakes that he will not misuse the liberty of bail. It is also stated that the applicant is in jail since 11.11.2021 and on account of Covid-19 pandemic the trial is not likely to be concluded shortly.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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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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Let the applicant Subhan Ansari be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 7.2.2022 Ranjeet Sahu

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Digitally signed by RANJEET SAHU Date: 2022.02.08 11:29:56 IST Reason: Location: High Court of Judicature at Allahabad

Subhan Ansari v. State of U.P.

Case brief

What is this about?

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Subhan Ansari v. State of U.P.

Case brief

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