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

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

What the court decided

AI extract

Outcome

Bail granted to Ramesh in Case Crime No. 245 of 2021 on furnishing a personal bond and two sureties each in the like amount, subject to conditions; till normal functioning of courts is restored, enlargement on execution of personal bond without sureties, with sureties to be furnished within a month after normal functioning resumes.

Issue for consideration

Whether the applicant Ramesh, in custody since 08.06.2021 in Case Crime No. 245 of 2021 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (P.S. Chaubeypur, District Varanasi), should be released on bail during pendency of trial.

Court's answer

Bail granted: the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, the Court having considered the material on record, the larger mandate of Article 21 of the Constitution and the dictum in Dataram Singh, without expressing any opinion on the merits of the case.

Ratio / Principle

Bail is subject to enumerated conditions (no tampering with prosecution evidence or intimidating/pressurising witnesses, sincere cooperation in trial without adjournments, no criminal activity after release, effectiveness after expiry of any short-term bail, and enlargement on personal bond without sureties till normal functioning of courts with sureties to be furnished within a month thereafter); breach of any condition shall be a ground for cancellation of bail.

Detailed headnote1 paragraphs

Bail granted under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (Case Crime No. 245 of 2021, P.S. Chaubeypur, District Varanasi). The Allahabad High Court, considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, directed release of the applicant on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence or witnesses, sincere cooperation in trial, no criminal activity, and regard to any short-term bail); breach of any condition to be a ground for cancellation of bail. Interim COVID-era arrangement: enlargement on personal bond without sureties till normal functioning of courts, sureties within a month thereafter.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25804 of 2022

Applicant :- Ramesh Opposite Party :- State of U.P. Counsel for Applicant :- Akhtar Ali,Roma Verma Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for the State.

The instant bail application has been filed on behalf of the applicant, Ramesh , with a prayer to release him on bail in Case Crime No. 245 of 2021, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Chaubeypur, District- Varanasi, during pendency of trial.

According to the gang chart the applicant is said to has been involved in three criminal cases wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 08.06.2021.

Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the

period of short term bail comes to an end.

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

The party shall file certified copy / computer generated copy of such order downloaded from the official website of High Court Allahabad.

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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 5.7.2022 Rohit

Digitally signed by ROHIT DAS Date: 2022.07.05 13:28:40 IST Reason: Location: High Court of Judicature at Allahabad