Allowed

Aafir @ Sawej @ Sajeb v. State of U.P.

Allahabad HC14 Feb 2022BAIL/4051/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Aifiche @ Sawej @ Sajeb under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant contended innocence and lack of gang involvement. The Court, considering the pandemic circumstances, deemed it a fit case for bail subject to conditions.

What did the court decide?

Grant of bail subject to furnishing personal bond and two sureties and compliance with conditions including appearing in court.

Aafir @ Sawej @ Sajeb Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4051 of 2022

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Applicant :- Aafir @ Sawej @ Sajeb Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai 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. 876 of 2021 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Tilhar, District Shahjahanpur.

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Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is alleged that in a police party firing case under Section 307 I.P.C. in Case Crime No. 513 of 2021, the applicant has been implicated alongwith Case Crime No.514 of 2021, under Section 3/5/8 of Cow Slaughter Act. Another Case Crime No. 515 of 2021 under Section 3/25/27 of the Arms Act has also been lodged against the applicant. It is stated that in all these three cases, the applicant has been enlarged on bail. It is stated that in two other cases also, he has been falsely implicated wherein also the applicant has been enlarged on bail. Submission is that neither the applicant is a member of any gang nor is involved in any gang activity and that the trial is not likely to be concluded shortly on account of Covid-19 pandemic. It is also contended that the applicant has no other criminal history and 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 24.11.2021.

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Learned A.G.A. opposes the bail application.

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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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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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Let the applicant Aarif @Sawej @ Sajeb 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 :- 14.2.2022

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n.u.

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Digitally signed by NASEEM UDDIN Date: 2022.02.17 17:24:12 IST Reason: Location: High Court of Judicature at Allahabad

Aafir @ Sawej @ Sajeb v. State of U.P.

Case brief

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Aafir @ Sawej @ Sajeb v. State of U.P.

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