Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49437 of 2020 Applicant :- Wasim Kunjada Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Shrivastava,Hemlata Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
This is second bail application.
Heard learned counsel for the applicant and 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 one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said order has been annexed as annexure 2 to the affidavit filed in support of bail application. The applicant is in jail since 11.10.2018. Criminal history of the applicant has been duly explained in paragraph no. 11 of the affidavit accompanying the bail application.
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- Wasim Kunjada, be released on bail in Case Crime No. 247 of 2018, under Sections- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station- Rath, District- Hamirpur, 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 :- 29.7.2021 Ujjawal