High Court at Allahabad allowed bail application seeking release on personal bond and two sureties, considering pandemic-related jail overcrowding without deciding case merits.
Release on bail providing a personal bond and two sureties each in the like amount.
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3768 of 2022
Applicant :- Mohd. Tarique Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.931 of 2019, under Sections 409, 420, 120-B I.P.C., Police Station Cantt, District Varanasi.
Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case, inasmuch as there at best arises civil dispute on account of alleged failure by the company to provide benefits for the investment made in the company, which would not amount to commissioning of an offence by the applicant. It is stated that the criminal history of the applicant has been explained and he has already been granted anticipatory bail in other cases. Applicant is in jail since 24.9.2021 and he is only an employee of the real estate company and has no other criminal history. It is next contended that the trial is not likely to be concluded shortly on account of COVID-19 Pandemic.
Learned A.G.A. opposes the bail application.
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.
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.
Let the applicant- Mohd. Tarique 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:-
(i) The applicant will not tamper with prosecution evidence.
(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.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
Accordingly, the instant bail application is allowed.
Order Date :- 10.2.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.02.11 11:00:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in the instant criminal pending proceedings.
Mohd. Tarique
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
