1. Heard Sri Brij Mohan Sahai, learned counsel for the applicant and Sri Vinod Shahi, learned Additional Advocate General assisted by Sri Abhay Kumar, Advocate for the State through video conferencing.
2. This Criminal Misc. Short Term (Parole) Application has been moved on behalf of the applicant with a prayer to release him for short term bail on humanitarian ground in Case Crime No.0160 of 2020, under Sections 419, 471, 120-B, 406, 420, 467, 468 of IPC and Section 7 and 13 of Prevention of Corruption Act, 1988, P.S. Hazratganj, District Lucknow for attending the last rites of his wife-Priyanka.
3. It has been stated in the application that wife of the applicant namely Priyanka died on 18.04.2021. The copy of death certificate has been annexed to this short term bail application. It has been further submitted that the said application which was been filed on 28.04.2021, wherein it was stated that short term bail be granted for attending the last rites of his late wife is scheduled on 10.05.2021. It has been submitted that due to Covid-19 pandemic which has even affected working of this Court the application for short term bail could not be taken up whereas it has been taken up today. It is further submitted that the last rites of wife of applicant could not be performed during this period and now it will be performed subject to release of the applicant. It has been stated that it is necessary that the applicant is to be present during the last rites of his wife and therefore, as prayed that the applicant be released on short term bail.
4. Sri Vinod Shahi, learned Additional Advocate General has submitted that in case the applicant is released for one day the State will not have any objection while he should be reported back to the jail on the same day. It was also informed that earlier the applicant had absconded earlier. Learned counsel for the applicant has no objection to the argument raised by learned Additional Advocate General.
5. Accordingly, considering the aforesaid facts and looking into the humanitarian aspect of the facts that his wife Priyanka has died on 18.04.2021 and her last rites is to be performed by the applicant and in the interest of justice, I find it fit case for grant of short-term bail to the applicant to perform the said last rites on 20.5.2021 subject to the following conditions.
(i) It is herein provided that the applicant shall be released from District Jail, Lucknow at 08:00 am on 20.05.2021 in the custody of the police and he shall be escorted by at least two police officials deputed by the Police Commissioner, Lucknow.
(ii) The applicant accompanied by the said police officials shall be permitted to visit his residence 2/225 Virat Khand, Police Station Gomti Nagar, Lucknow.
(iii) Applicant shall remain in the said premises and he shall be escorted back so that he may surrender before the Magistrate by 5 PM on the same day.
(iv) That during the currency of the short term bail the applicant shall remain in police custody and shall not influence any witness.
(v) The Police Commissioner Lucknow shall oversee the arrangement of release, custody and transport of the applicant during the period of Short-term bail and also monitor his stay during this period.
6. It is made clear that Police Commissioner, Lucknow shall provide at least two police officials as well as a vehicle which shall transport him to and from the aforesaid address.
8. The Chief Judicial Magistrate, Lucknow shall give necessary directions in this regard to the District Jail,Lucknow.
9. The applicant shall file a personal bond before the Chief Judicial Magistrate, Lucknow that he will not misuse the short term bail.
10. Criminal Misc. Short Term (Parole) Application is, accordingly, disposed of.
11. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
12. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Mohit