The Allahabad High Court, in a bail application under IPC Section 272/273, allowed bail citing jail overcrowding and the fundamental right to speed
Release on bail subject to personal bond, two sureties, and undertaking not to tamper with evidence or seek adjournments.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59507 of 2022
Applicant :- Sonu @ Satmola @ Satya Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Yadav,Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant, Sonu @ Satmola @ Satya Prakash, with a prayer to release him on bail in Case Crime No. 567 of 2020, under Sections 272,273 IPC Police Station Shikohabad, District- Firozabad, during pendency of trial.
There is allegation in the First Information Report that accused persons were found in possession of the chemicals used for making synthetic milk.Learned counsel for the applicant has submitted that owner of the premises was found to be Ghure. Applicant is alleged to be servant of Ghure.He was not arrested from the spot. The landlord of the premises has stated that premises in dispute was let out the Ghure.He has been falsely implicated in this case. The applicant is in jail since 29.11.2022 and has no criminal history.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022
of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed
Let the applicant 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.3.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a criminal trial where jail overcrowding is reported.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021
Sonu @ Satmola @ Satya Prakash
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
