Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4348 of 2021 Applicant :- Dilshad Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Rai,Digvijay Tiwari,Intekhab Alam Khan,Rajesh Tewari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit dated 4.2.2021 filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, 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 applicant that only two cases have been shown against the applicant in the Gang Chart which has been annexed at page-23 of the bail application and in the said case, the applicant has been granted bail by the competent Court. It is further submitted that other than the cases which have been shown in the gang chart the applicant has criminal history which has been explained in paragraph no.3 of the affidavit accompanying this bail application. The applicant is in jail since 8.11.2020.
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 applicant- Dilshad Khan, be released on bail in Case Crime No.268 of 2020, under Sections- 3(1) of Uttar Pradesh Gangster & Anti Social Activities Act, 1986, Police Station- Karimuddinpur, District- Ghazipur, 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 applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 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 Dev/-