This court allowed a bail application for the applicant, Shamshad, in a criminal case under Sections 380, 457, 411 IPC. The court cited jail overcrowding due to the pandemic and the applicant's clean record to deem it a fit case for bail, subject to standard conditions.
Applicant released on bail on furnishing a personal bond and two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3895 of 2022
Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra 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. 167 of 2021, under Sections 380, 457, 411 I.P.C., Police Station Sewrahi, District Kushinagar. .
Contention is that the applicant has no criminal history and has been falsely implicated in the present case. It is also submitted that the recovery is attributed to all persons without any specific role pointed out to the applicant himself. Submission is that the co-accused Aslam in the same offence has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.41274 of 2021 on 11.01.2022. It is further argued that the trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 10.07.2021.
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 application on behalf of accused person.
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 Shamshad 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 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.02.10 17:57:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail considering the pandemic situation and his undertaking not to misuse liberty.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (C) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶9
Shamshad
Ashwani Kumar Mishra
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
