Allahabad High Court
Divakar vs State Of U.P. on 9 April, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9013 of 2020 Applicant :- Divakar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Diwakar in connection with Case Crime No. 37of 2019, under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Bachhrayun, District Amroha.
Perused the affidavit filed in support of the bail application and the record of the Criminal Misc. Bail Application No. 25802 of 2019, disposed of on 01.07.2019. The case of the applicant is that he has been implicated in the present crime on account of his involvement in Case Crime No. 110 of 2018 under Section 302 IPC, P.S. Bachhrayun, District Amroha and Case Crime No. 141 of 2011 under Section 395, 412, 120 B IPC P.S. Dhanaura, District Amroha without there being any evidence alluendi to show that he is a member or the leader of a gang. It is disclosed in the affidavit that the applicant has been admitted to bail in Case Crime No. 110 of 2018 (supra) by an order of this Court dated 01.07.2019 passed in Criminal Misc. Bail Application No. 25802 of 2019 and in Case Crime No. 141 of 2011 by the learned Sessions Judge, J.P. Nagar vide order dated 04.06.2011 passed in Bail Application No. 592 of 2011. The Court has perused the said orders. The Court has also perused the record of the Criminal Misc. Bail Application No. 25802 of 2019, where in the operative portion, reference to Case Crime No. 110 of 2018, described as Complaint Case No. 110 of 2018 appears to be the result of a clerical error. This Court is satisfied that the bail order dated 01.07.2019 passed in the Criminal Misc. Bail Application 25802 of 2019 relates to Case Crime No. 110 of 2018 (supra). It is the further case of the applicant as set out in the affidavit that the applicant is shown in the application to be in jail in connection with the present case since 27.02.2019, that is to say. a period of about thirteen months.
Notice of this Application was given to the learned Government Advocate on 11.02.2020 and the case is shown in the list of fresh cases, no written objection or counter affidavit on behalf of the State has been filed.
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 there is prima facie no evidence to show that the applicant is a member of a criminal gang or its leader, and the fact that the applicant has been admitted to bail in both 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, Diwakar involved in Case Crime No. 37of 2019, under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Bachhrayun, District Amroha 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