Court enlarged the applicant on bail in a bail application involving rape and related offences, noting jail overcrowding during the pandemic and lack of POSCO allegations, imposing standard conditions.
Release of applicant on bail furnishing a personal bond and two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4660 of 2022
Applicant :- Sanjeev Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 126 of 2019, under Sections 366, 354, 504, 506 I.P.C., Police Station Narkhi, District - Firozabad, with the prayer to enlarge him on bail.
It is alleged that the main allegation in the first information report is against Monu Sharma, who has already been enlarged on bail by this Court on 9.12.2021 in Criminal Misc. Bail Application No. 23570 of 2021 wherein this Court has taken note of the fact that the accused Monu Sharma had performed marriage with the victim and had also filed a writ petition before this Court for grant of protection from the family members. It is stated that just because a contrary allegation is made after several months it would not mean that the victim was not a consenting party. It is also stated that there is no allegation of offence under Section 376 IPC against the applicant and he is languishing in Jail since 7.12.2021. The applicant also has no criminal history and as per the applicant he has been falsely implicated.
Learned AGA has opposed the prayer made in 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.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufÏciently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Sanjeev Sharma involved in aforesaid case crime be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-
(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.
Order Date :- 16.2.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.02.18 10:22:40 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is a fit case for grant of bail in a non-bailable offence involving Sections 366, 354, 504, 506 IPC considering jail overcrowding.
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
Sanjeev Sharma
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
