The High Court discharged the applicant on bail in a criminal case under U.P. Gangsters Act. The order relied on prevailing jail overcrowding and the pandemic situation to determine this was a fit case for bail without adjudicating merits.
Released on bail by furnishing a personal bond and two sureties on specified conditions.
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. - 4595 of 2022
Applicant :- Manoj Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Kaushal Upadhyay 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. 232 of 2021, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station - Jawan, District - Aligarh.
Contention is that the applicant has already been enlarged on bail in solitary case shown in the gang chart vide order dated 28.12.2021, passed by this Court in Criminal Misc. Bail Application No. 39473 of 2021, which is the sole basis for implication of the applicant under the Gangster Act. It is submitted that the applicant is neither a member of any gang, nor is involved in any gangster and antisocial activity and has been falsely implicated in the aforesaid case. It is also stated that the applicant is in jail since 17.6.2021 and on account of Covid-19 pandemic the trial is not likely to conclude shortly.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
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 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 Manoj Sharma 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 :- 16.2.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.02.18 11:03:33 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a case under U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 considering jail overcrowding due to the pandemic.
Manoj Sharma
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
