Allowed

Saheb Alam @ Doctor Alias Saheb Nut v. State of U.P.

Allahabad HC9 Mar 2022BAIL/6956/2022

Case brief

AI extract

What is this about?

This High Court allowed a bail application under Section 439 Cr.P.C. for an accused in a case punishable under the U.P. Gangsters Act. The court noted the applicant was already on bail in one related case and languishing in jail due to pending summons in another, citing jail overcrowding during the pandemic as a relevant factor.

What did the court decide?

Release on bail with a personal bond and two sureties on conditions not to tamper with evidence, cooperate in trial, and not commit crimes.

Saheb Alam @ Doctor Alias Saheb Nut 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. - 6956 of 2022

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Applicant :- Saheb Alam @ Doctor Alias Saheb Nut Opposite Party :- State of U.P. Counsel for Applicant :- Siddhartha Baghel,Prateek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Supplementary affidavit dated 05.03.2022 filed today is taken on record.

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Heard Sri Siddhartha Baghel, learned counsel for the applicant, Sri Sravan Kumar Ojha, learned A.G.A. who appears for the State of U.P. and perused the record.

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This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant for enlarging him on bail in connection with Case Crime No. 0153 of 2021, under Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, registered at Police Station- Karma, DistrictSonbhadra.

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The bail application so preferred by the applicant has been rejected by the court below on 12.01.2022.

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Learned counsel for the applicant has drawn attention of this Court towards supplementary affidavit at page 6, wherein two cases being Case Crime Nos. 132 of 2021 and 62 of 2019 has been shown to be pending against the applicant. Learned counsel has drawn attention of the Court towards pagar 38 of the bail application so as to contend that the applicant has been enlarged on bail in Case Crime No. 132 of 2021 on 24.12.2021 by the court below. He further sought to contend that so far as Case Crime No. 62 of 2019 is concerned, he has referred to page 10 of the supplementary affidavit dated 05.03.2022 so as to contend that an FIR was lodged against unknown person and while further referring to para 3, he has submitted that a chargesheet has been submitted but till date he has not been summoned. Learned counsel has thus sought to argue that the applicant is unnecessarily languishing in jail since 19.12.2021 and the invocation of the provisions contained under the Gangsters Act is wholly unjustified. He lastly argued that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Countering the said submissions, learned AGA has opposed the prayer for bail, however, he could not dispute the fact that in the aforesaid case the applicant stands released on bail and there is no other criminal case is pending against the applicant.

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Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as in the aforesaid case the applicant stands released on bail and in one case though charge sheet has been submitted but not summoned and he is languishing in jail since 19.12.2021, as also looking into the nature of 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 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- Saheb Alam @ Doctor Alias Saheb Nut 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) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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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 :- 9.3.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.03.14 12:36:42 IST Reason: Location: High Court of Judicature at Allahabad

Saheb Alam @ Doctor Alias Saheb Nut v. State of U.P.

Case brief

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Saheb Alam @ Doctor Alias Saheb Nut v. State of U.P.

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