Allowed¶17

Devendra Kumar Rajput v. State of U.P.

Allahabad HC9 Feb 2022BAIL/48441/2021

Case brief

AI extract

What is this about?

Allahabad High Court (Ashwani Kumar Mishra, J., order dated 9.2.2022) allows Criminal Misc. Bail Application No. 48441 of 2021 under Section 3(1) U.P. Gangsters Act, 1986; solitary gang-listing case (Case Crime No.128 of 2021, Sections 60(Ka)/63 Excise Act and 272 IPC) already bailed; Covid-19 jail overcrowding factored in citing Suo Motu W.P.(C) No. 1/2020; release on personal bond and two sureties with conditions; no view expressed on merits.

What did the court decide?

Applicant Devendra Kumar Rajput to be released on bail in Case Crime No.386 of 2021 on furnishing a personal bond and two sureties each in the like amount, subject to the conditions imposed by the Court. ¶17

Devendra Kumar Rajput Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, shown as a gang member in Case Crime No.386 of 2021 under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, is entitled to be released on bail.

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Court's answer

Without expressing any view on the merits of the case, and considering the severity of punishment and totality of facts and circumstances, the Court found it a fit case for bail.

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Ratio / Principle

Applicant Devendra Kumar Rajput directed to 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 the magistrate/court concerned.

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Key takeaways

Release made subject to conditions: the applicant will not tamper with prosecution evidence, will abide by court orders and attend on every date, will not indulge in unlawful activities, and will not misuse the liberty of bail; identity, status and residential proof of sureties to be verified by the court concerned, which is at liberty to cancel the bail and send the applicant to prison on breach of any condition.ratio¶16
Circumstances of overcrowding of jails during the Covid-19 pandemic shall also be factored in while considering bail applications on behalf of accused persons.obiter¶9

Detailed headnote1 paragraphs

Bail under Section 3(1), U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (Case Crime No.386 of 2021, P.S. Bakewar, District Etawah): the applicant's solitary antecedent as a gang member was Case Crime No.128 of 2021 under Sections 60(Ka)/63 Excise Act and 272 I.P.C., for which he had already been enlarged on bail on 05.04.2021; he was in jail since 07.09.2021 and trial was unlikely to conclude shortly owing to the Covid-19 pandemic. Noting prison overcrowding during the pandemic (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of Covid 19 Virus in prisons, Supreme Court of India), and without expressing any view on the merits, the Court held it a fit case for bail and allowed the application, directing release on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, attendance on every court date, abstention from unlawful activities and non-misuse of bail liberty; sureties' identity, status and residential proof to be verified by the court concerned, which may cancel bail on breach.

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48441 of 2021

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Applicant :- Devendra Kumar Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.386 of 2021, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bakewar, District Etawah.

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Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is alleged that the solitary case in which the applicant has been shown as a member of gang is Case Crime No.128 of 2021, under Section 60(Ka)/63 of Excise Act and 272 I.P.C. in which he has already been enlarged on bail on 05.04.2021. 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 the applicant has no other criminal history and 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 07.09.2021.

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

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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.

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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.

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Let the applicant Devendra Kumar Rajput 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:-

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

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(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.

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

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

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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.

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Accordingly, the instant bail application is allowed.

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Order Date :- 9.2.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.02.10 11:21:57 IST Reason: Location: High Court of Judicature at Allahabad

Devendra Kumar Rajput v. State of U.P.

Case brief

What is this about?

What did the court decide?

Devendra Kumar Rajput v. State of U.P.

Case brief

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What the court decided

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