Allowed

Sanghpriya v. State of U.P.

Allahabad HC23 Feb 2022BAIL/6288/2022

Case brief

AI extract

What is this about?

This bail application, moved under Section 439 CrPC, sought release in a case under the U.P. Gangster and Anti-Socialism Acts. The court allowed bail noting the applicant's prior bail in other cases, satisfactory explanation of criminal history, and jail overcrowding due to the pandemic. Conditions for bail were imposed.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties with specific conditions regarding evidence tampering and trial conduct.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6288 of 2022

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Applicant :- Sanghpriya Opposite Party :- State of U.P. Counsel for Applicant :- Khalid Mahmood Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Khalid Mahmood, learned counsel for the applicant, and Sri A.K. Shukla, learned AGA for the State.

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This bail application purported to be under Section 439 of the Cr.P.C. has been moved for seeking bail in Case Crime No. 322 of 2021, under Section 2/3 U.P. Gangster Act and Anti-Socialism Act, 1986 registered at Police Station- Civil Line, District- Etawah.

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The bail application of the applicant has been rejected by the court below, on 01.02.2022.

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The learned counsel for the applicant has drawn the attention of the court towards page no. 18 being the gang chart in which two cases have been shows to be pending against the applicant in case crime no. 262/2021 u/s 379, 411 IPC and case crime no. 230/2021, u/s 392, 411 IPC and in both the cases the applicant has been bailed out, the bail orders have been annexed at page nos. 20 and 23 of the bail application. He further drawn the attention of the court towards page nos. 8 and 9 so as contend that in case crime no. 357/2021, u/s 379, 411 IPC the applicant has been granted bail on 21.09.2021 by the court below and in case crime no. 266/2021, u/s 411, 413, 420, 468, 471, 482 IPC he has been bailed out by the court below on 06.09.2021. He further submitted that the invocation of provision contained in Gangster Act is thoroughly improbable. He lastly submitted that the applicant is languishing in jail since 01.06.2021.

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Countering the said submission learned AGA for the State has opposed the bail, but he could not dispute the fact the applicant has satisfactorily explained the criminal history.

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Considering the submission so advanced by the learned counsel for the parties, on the question of bail, prima facie this Court finds that this is a fit case for grant of bail as the applicant has satisfactorily explained the criminal history and he is languishing in jail since 01.06.2021 and looking into the nature of the acquisition, the evidence collected by the I.O. in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.

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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

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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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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant Sanghpriya involved in aforesaid 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 that :-

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(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.

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Order Date :- 23.2.2022 Nisha

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Digitally signed by NISHA KUMARI Date: 2022.03.02 12:22:43 IST Reason: Location: High Court of Judicature at Allahabad

Sanghpriya v. State of U.P.

Case brief

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Sanghpriya v. State of U.P.

Case brief

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