Allowed

Sikandar v. State of U.P.

Allahabad HC14 Feb 2022BAIL/4063/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Sikandar seeking release on bail in anticipated physical assault and forgery case. Court considered jail overcrowding, lack of independent recovery evidence, and pending trial due to pandemic as factors granting bail subject to standard conditions.

What did the court decide?

Released on bail with personal bond and two sureties subject to standard conditions of not tampering with evidence, abiding court orders, attending court, and not indulging in unlawful activities.

Sikandar 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. - 4063 of 2022

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Applicant :- Sikandar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pandey,Rahul 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. 371 of 2021 under Sections 394, 411 and 120B Police Station Deoband District Saharanpur.

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Contention is that the applicant is neither named in the first information report nor has been arrested on the spot and after few days F.I.R. in Case Crime No. 387 of 2021 has been lodged in which recovery is shown from the applicant but there is no independent witness of the recovery. It is stated that co-accused having similar role i.e. Arif has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 33722 of 2021 vide order dated 9.9.2021. 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. Applicant is languishing in jail since 29.6.2021.

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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 application on behalf of accused person.

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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 Sikandar be released on bail in the aforesaid

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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 n.u.

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Digitally signed by NASEEM UDDIN Date: 2022.02.16 14:21:13 IST Reason: Location: High Court of Judicature at Allahabad

Sikandar v. State of U.P.

Case brief

What is this about?

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Sikandar v. State of U.P.

Case brief

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