Allowed

Ravi Sahni v. State of U.P.

Allahabad HC9 Feb 2022BAIL/48267/2021

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the Allahabad High Court granted bail to the applicant, Ravi Sahni, who faced charges under Sections 457, 380, and 411 IPC. The Court considered jail overcrowding due to the pandemic and various submission regarding evidence and the applicant's prior bail status.

What did the court decide?

Defendant released on bail on furnishing a personal bond and two sureties, subject to conditions regarding attendance and non-tampering with evidence.

Ravi Sahni Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48267 of 2021

¶3

Applicant :- Ravi Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Anup Dhar Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ashwani Kumar Mishra,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

¶6

Learned A.G.A. points out that notices of this bail application have been served both upon the mother of the victim and also the Child Welfare Committee and the documents in that regard have been placed for perusal of the Court.

¶7

The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.0172 of 2021, under Sections 457, 380 and 411 I.P.C., Police Station Ramgarhtal, District Gorakhpur.

¶8

Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is further contended that prior to implication of applicant in the present case he had no criminal history. Once he was arrested in this case, he has been implicated in nine other cases with similar allegations. It is stated that in seven of those cases the applicant has already been enlarged on bail. Argument is that neither applicant is named in the F.I.R. nor any recovery has been made from him, which could be connected with the stolen items. It is further contended that the recovery made is otherwise questioned on the ground that neither any independent witness was present nor the specification of the seized commodity has been recorded. The applicant is in jail since 23.06.2021. It is also contended that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. It is next contended that the trial is not likely to be concluded shortly on account of COVID19 Pandemic.

¶9

Learned A.G.A. opposes the bail application.

¶10

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

¶11

Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

¶12

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.

¶13

Let the applicant- Ravi Sahni 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:-

¶14

(i) The applicant will not tamper with prosecution evidence.

¶15

(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.

¶16

(iii) The applicant will not indulge in any unlawful activities.

¶17

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶18

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 applicants to prison.

¶19

Accordingly, the instant bail application is allowed.

¶20

Order Date :- 9.2.2022 Abhishek Singh

¶21

Digitally signed by ABHISHEK SINGH Date: 2022.02.10 18:41:00 IST Reason: Location: High Court of Judicature at Allahabad

Ravi Sahni v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ravi Sahni v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandeep Gupta Vs Union of India

Naresh @ Kathi Vs State of U.P.

Manish @ Maniya Vs State of U.P.

Sunil Rajpoot Vs State of U.P.

Devendra Kumar Rajput Vs State of U.P.

Dinesh @ Sumit Vs State of U.P.