Sunil Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Sunil Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: applicant Sunil to be released on bail in Case Crime No. 281 of 2021 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence; abiding court orders, attendance on every date and no delay of trial; no unlawful activities; no misuse of liberty of bail); sureties' identity, status and residential proof to be verified by the court concerned; bail cancellable on breach of conditions; observations in the order not to affect the trial.

Issue for consideration

Whether the applicant Sunil, involved in Case Crime No. 281 of 2021 under Sections 379, 411 I.P.C., Police Station Kotwali Dehat, District Etah, should be enlarged on bail.

Court's answer

Courts have taken notice of the overcrowding of jails during the current pandemic situation, and these circumstances shall also be factored in while considering bail applications on behalf of accused persons.

Ratio / Principle

Considering the facts and circumstances of the case, the submissions of counsel, the material on record, and that the trial is likely to take sufficiently long, and without expressing any opinion on the merits, the Court found it prima facie a fit case for grant of bail.

Key takeaways

Any observations made in the order will not affect the trial of the case.ratio¶11
The applicant Sunil was directed to 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.ratio¶12
Bail was granted subject to conditions imposed in the interest of justice: (i) the applicant will not tamper with prosecution evidence; (ii) the applicant will abide the orders of court, attend the court on every date and not delay the disposal of trial; (iii) the applicant will not indulge in any unlawful activities; and (iv) the applicant will not misuse the liberty of bail.

Detailed headnote1 paragraphs

Bail granted — Allahabad High Court (Ashwani Kumar Mishra, J.), order dated 16.2.2022 in Criminal Misc. Bail Application No. 4699 of 2022 — applicant Sunil, Case Crime No. 281 of 2021 under Sections 379, 411 I.P.C., Police Station Kotwali Dehat, District Etah — applicant in jail since 3.8.2021; as stated, no recovery or incriminating material against him, one prior case of 2019 (bail already granted), bail earlier granted in connected cases (Bail Applications Nos. 3868 of 2022 and 4000 of 2022) and coaccused enlarged on bail on 24.12.2021 (Bail Application No. 47238 of 2021) — Court took notice of overcrowding of jails during the COVID-19 pandemic (Suo Motu Writ Petition (C) No. 1/2020, Supreme Court of India) and held such circumstances to be factored in bail consideration — trial likely to take sufficiently long; without expressing any opinion on merits, prima facie fit case for bail — released on personal bond and two sureties each in the like amount, with conditions against tampering with evidence, delay of trial, unlawful activities and misuse of bail; surety verification by court concerned; bail cancellable on breach; observations not to affect the trial.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4699 of 2022

Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Upadhyay 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. 281 of 2021, under Sections 379, 411 I.P.C., Police Station - Kotwali Dehat, District - Etah, with the prayer to enlarge him on bail.

It is stated that the applicant has been arrested where after he has been implicated in various first information reports lodged against unknown persons. Details in that regard have been given in para 8 of the bail application. It is stated that prior to it the applicant only had one criminal case against him of the year 2019 in which he has already been enlarged on bail. It is also stated that in some of the cases where the applicant has been implicated, bail has been granted by this Court in Criminal Misc. Bail Application No. 3868 of 2022 in Case Crime No. 282 of 2021 and in Criminal Misc. Bail Application No. 4000 of 2022 in Case Crime No. 649 of 2021. It is stated that coaccused in the present case has also been enlarged on bail by this Court vide order dated 24.12.2021, passed in Criminal Misc. Bail Application No. 47238 of 2021. It is further stated that there is neither any recovery from the applicant nor any incriminating material has surfaced against him and the applicant is languishing in Jail since 3.8.2021.

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- Sunil 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: 2022.02.17 12:16:01 IST Reason: Location: High Court of Judicature at Allahabad