This bail application was filed by Ajay Sharma seeking release in a case under Section 25 of the Arms Act. The court, noting jail overcrowding due to the pandemic, issued bail with personal and surety bonds subject to standard conditions.
Allowed the bail application and released the applicant on personal bond and two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53063 of 2021
Applicant :- Ajay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Tripathi 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. 101 of 2013 (S.T. No. 743 of 2014) under Section 25 of the Arms Act, Police Station Civil Lines District Muzaffar Nagar.
Contention is that the applicant has already been enlarged on bail in Case Crime No. 443 of 2021 under Section 302 I.P.C. but the the applicant has jumped the bail on account of which non bailable warrants were issued against the applicant. It is stated that on account of Covid-19 Pandemic, he was unwell and, therefore, could not appear before the Court concerned on the date fixed on account of which non bailable warrants were issued. It is also stated that the applicant is languishing in jail since 5.10.2021.
Learned counsel for the applicant submits that the applicant shall remain present on all dates fixed in the matter, henceforth, and shall cooperate in the conduct of trial. It is further argued that the trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
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 application on behalf of accused person.
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 Ajay Sharma 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 :- 10.2.2022
n.u.
Digitally signed by NASEEM UDDIN Date: 2022.02.14 18:10:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is worthy of bail considering the severity of punishment and circumstances of the case.
1 provisions across 1 enactments
Ajay Sharma
State of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
