Court No. - 6
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16428 of 2021 Applicant :- Sajid And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ravitendra Pratap Singh Chandel,A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri A.Z.Khan, learned counsel for the applicant and learned AGA for the State through video conferencing mode.
A first information report was lodged against the applicants as Case Crime No.0080 of 2021 at Police Station-Nakur , District- Saharanpur on 27.02.2021 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
The bail application of the applicants was rejected by learned Special Judge (Gangster Act)/ Additional Sessions Judge, Court No. 8, Saharanpur on 23.03.2021.
The applicants are in jail since 19.03.2021 pursuant to the said F.I.R.
Sri A.Z.Khan, learned counsel contends that the applicants have been enlarged on bail in the solitary criminal case depicted in the gang chart. The applicants are falsely implicated in this case. The applicants are not a part of any criminal gang. Lastly it is submitted by Sri A.Z.Khan, learned counsel for applicants that the applicants will not abscond, and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.
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.
I see merit in the submissions of the learned counsel for the applicant and accordingly hold that the applicants are entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants- Sajid, Mobin and Kalu @ Rashid be released on bail in Case Crime No.80 of 2021 at Police Station-Nakur , District- Saharanpur under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.
(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vi) 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.
Sri A.Z. Khan learned counsel for the applicants contends that due to pandemic situation and lockdown in Saharanpur district the applicants cannot arrange sureties.
In view of the extraordinary situation prevailing in the State due to Covid-19, the directions of this Court dated 06.04.2020 passed in Public Interest Litigation No. 564 of 2020 (In re vs. State of U.P.), shall also be complied.
The order reads thus;
"Looking to impediments in arranging sureties because of lockdown while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to lockdown may be released on executing personal bond as ordered by the Court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused- applicants undertakes to furnish required sureties within a period of one month from the date of his/her actual release."
Order Date :- 21.5.2021 Nadeem Ahmad Digitally signed by Justice Ajay Bhanot Date: 2021.05.23 15:55:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad