Allahabad High Court
Dalveer vs State Of U.P. on 9 April, 2020
Equivalent citations: AIRONLINE 2020 ALL 691
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10810 of 2020 Applicant :- Dalveer Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Dalveer in connection with Case Crime No. 203 of 2016, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Hasayan District Hathras.
Perused the affidavit filed in support of the bail application, the supplementary affidavit dated 03.03.2020 and also the written submission received through e-mail by Sri Aishwarya Pratap Singh, learned counsel for the applicant. The case set out in the affidavit is that the applicant has been implicated in the present crime on account of his involvement in Case Crime No. 185 of 2015 under Section 302 IPC P.S. Hasayan District Hathras and Case Crime No. 189 of 2015 under Section 25/27 Arms Act P.S. Hasayan, District Hathras with no positive evidence to show that the applicant is either the leader or a member of a criminal gang. It is also stated in the affidavit that the applicant has been enlarged on bail in both the substantive offences. This Court has perused the bail order dated 11.11.2019 passed by this Court in Criminal Misc. Bail Application No. 2874 of 2016 and the order dated 02.01.2020 passed by the learned Additional Sessions Judge, Court No. 2, Hathras in Bail Application No. 1338 of 2019 relating to the substantive offences. Both the bail orders are annexed as Annexure No. 3 to the affidavit. The applicant has disclosed in the affidavit to be in jail since 05.06.2015. It appears that the applicant's detention since 05.06.2015 is in connection with one of the substantive offences and the present crime has been registered while the applicant was in jail in the year 2016.
Notice of this bail application was served upon the learned Government Advocate on 18.02.2020, however, no written objection or counter affidavit has been filed on behalf of the State.
Considering the entire facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie, there is no evidence to show that the applicant is a member or the leader of a gang, the fact that the applicant has been admitted to bail in the substantive offences, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The Division Bench of this Court in Public Interest Litigation (PIL) No. 564 of 2020 has taken note of unprecedented threat caused by Novel Corona Virus (Covid-19) on the one hand and the other, the difficulties that arise out of verification of sureties given the conditions of lockdown leading to obstruction in the execution of bail orders. In this regard, the Division Bench passed the following orders:
?(ii) It is brought to our notice that before enforcement of the lockdown different courts in the State of Uttar Pradesh including the High Court have granted orders to release the accused-applicants on bail but they have not been released so far due to non-availability of sureties.
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.?
In view of what has been said above, this Bail Application stands allowed.
Let the applicant Dalveer involved in Case Crime No. 203 of 2016, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Hasayan, District Hathras be released on bail on his executing a personal bond before the Court concerned provided the applicant undertakes to furnish two sureties each in the like amount to the satisfaction of the court concerned within one month of the date of his release from jail subject to the the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
vi) The applicant shall cause to be filed before the Court empowered to release the applicant in compliance with this order a computer generated copy of this order downloaded from the official website of the Allahabad High Court.
vii) The computer generated copy of this order shall be attested by the learned Counsel for the applicant, who files that copy before the Court empowered to release.
viii) The Court concerned shall verify the authenticity of the said computer generated and attested copy of the order from the official website of the Allahabad High Court, and shall endorse in his hand a certification to the effect that he has undertaken a verification of the copy of this order as aforesaid in the manner above directed.
In case of default of any of the conditions nos. i) to v) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 9.4.2020 Deepak