Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29928 of 2021
Applicant :- Chottey Babu & Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Sri Sanjay Singh, learned AGA- I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicants that the co- accused Mister @ Ashif Ahamad having similar role has been granted bail by this Court vide order dated 21.01.2021 in Criminal Misc. Bail Application No. 4347 of 2021, a copy of said order has been annexed as Annexure No. 9 to the affidavit filed in support of bail application and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 01.06.2021.
Learned A.G.A. has vehemently opposed the prayer.
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.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicants- Chottey Babu and Saddam Hussain, be released on bail in Case Crime No. 51 of 2020, under Sections- 363, 366, 366A IPC & 16/17 of POCSO Act, Police Station- Kotwali, District- Ballia, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such 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 :- 12.8.2021 Arti
Digitally signed by Justice Vivek Kumar Singh Date: 2021.08.12 16:19:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad