Suresh Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7863 of 2022

Applicant :- Suresh Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vikas Budhwar,J.

¶5

Heard Sri Piyush Tripathi, learned counsel for the applicant, and Sri S.K. Ojha, learned AGA for the State.

¶6

This bail application purported to be under Section 439 of the Cr.P.C. has been moved for seeking bail in Case Crime No. 03 of 2021 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police StationKone, District- Sonbhadra.

¶7

The bail application of the applicant has been rejected by the court below, on 25.03.2021.

¶8

The learned counsel for the applicant has drawn the attention of the court towards page no. 17 so as to contend that only one criminal case is shown to be pending against the applicant in the gang chart being case crime no. 37/2020 u/s 302, 201 IPC in which the applicant has been enlarged on bail by the court below on 23.12.2020 in bail application no. 1638/2020. He further argued that the co-accused has already been enlarged on bail by coordinate bench of this court in Crl. Misc. Bail Application No. 50086 of 2021 on 23.12.2021, therefore the applicant is also entitled to be enlarged on bail on the ground of parity. He further submitted that invocation of the provision contained under the Gangster Act is thoroughly unjustified. He lastly submitted that the applicant is languishing in jail since12.01.2021 and in case the applicant is released on bail, he will not misuse the liberty of bail.

¶9

Countering the said submission learned AGA for the State has opposed the bail, but he could not dispute the fact that the applicant has satisfactorily explained the criminal history and further that the co-accused has been enlarged on bail.

¶10

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

¶11

languishing in jail since 12.01.2021 and the co-accused has already been bailed out 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.

¶12

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.

¶13

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

¶14

Let the applicant Suresh 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 :-

¶15

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

¶16

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

¶17

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

¶18

(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.

¶19

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

¶20

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

¶21

Order Date :- 7.3.2022 Nisha

¶22

Digitally signed by NISHA KUMARI Date: 2022.03.10 18:02:45 IST Reason: Location: High Court of Judicature at Allahabad

Suresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suresh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Irfan Vs State of U.P.

Akshay @ Monti Vs State of U.P.

Amir Khan Vs State of U.P.

Raghvendra Singh Jatav Vs State of U.P.

Brijesh Rajbhar Vs State of U.P.

Chhote Lala Tiwari Vs State of up