Allowed

Poonam v. State of U.P.

Allahabad HC11 Mar 2022BAIL/8995/2022

Case brief

AI extract

What is this about?

This judgment grants bail to applicant Poonam under Section 439 Cr.P.C. in a case under the U.P. Gangster Act. The court considered jail overcrowding during the pandemic and the explanation of criminal history as factors favoring release on personal bond and sureties.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions prohibiting tampering with evidence, induction, or further criminal activity.

Poonam Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8995 of 2022

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Applicant :- Poonam Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Bhupendra Singh, learned counsel for the applicant, and Sri Suraj Singh learned State Law Officer for the State.

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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- Poonam for enlarging her on bail in Case Crime No.293 of 2020, under Section2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station-Civil Lines, District-Etawah.

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The bail application so preferred by the applicant has been rejected by the court below on 5.2.2022

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Learned counsel for the applicant has invited the attention of this Court towards page 26 case being Case Crime no. 194 of 2021, under Sections 394/411 IPC, in which she has been enlarged on bail on 22.6.2020 in Criminal Misc. Bail Application No.15463 of 2020, order whereof is appended at page-28 of the bail application. Learned counsel for the applicant has further argued that the applicant is unnecessarily languishing in jail since 1.2.2021. If she is enlarged on bail, she will not misuse the liberty, he be enlarged on bail.

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Countering the said submission, the learned A.G.A. has opposed the bail while arguing that offence has been committed by the applicant, as such he has been proceeded in the case in question and merely because he could not dispute the fact that the criminal history has been properly explained and applicant is languishing in jail since 1.2.2021.

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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 the criminal history has been properly explained and applicant is languishing in jail since 1.2.2021, 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

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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- Poonam 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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Order Date :- 11.3.2022 piyush

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Digitally signed by PIYUSH KUMAR Date: 2022.03.11 17:45:45 IST Reason: Location: High Court of Judicature at Allahabad

Poonam v. State of U.P.

Case brief

What is this about?

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Poonam v. State of U.P.

Case brief

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