Hearing a bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the Court granted bail to the applicant, considering jail overcrowding due to the pandemic and the applicant's lack of prior gang history.
Release on bail with a personal bond and two sureties, subject to standard reporting and lawful conduct conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47351 of 2021
Applicant :- Saddam Kuraishi Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Jeet Singh,Amaresh Yadava 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. 140 of 2021, under Section 2/3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gadwar, District Ballia.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is stated that applicant has already been enlarged on bail in all three cases under the Cow Slaughter Act, being Case Crime Nos.255 of 2020, 22 of 2020 and 56 of 2019 wherein prosecution has form the basis for implicating the applicant under the Gangster Act, in which applicant has been enlarged on bail by appropriate courts vide orders dated 21.01.2021, 19.03.2020 and 25.04.2019. Apart from it, it is stated that there is no other criminal history. 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 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 10.09.2021.
Learned A.G.A. opposes 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.
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 Saddam Kuraishi 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 :- 11.2.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.02.15 10:31:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant qualifies for bail under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 amidst pandemic-related jail overcrowding.
Saddam Kuraishi
State of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
