HC: Prisoners who weren’t released due to non-availability of sureties, to be released on personal bond (Read Order)

The Allahabad High Court while allowing a bail application has ordered 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.

The single bench of Justice Abdul Moin has passed this direction when it was noticed by the Bench that many accused-applicants had not been released in spite of their bail applications had granted by concerned courts, due to non-availability of sureties. The court observed that,

“It is brought to our notice that before enforcement of the lockdown different courts in the State of Uttar Pradesh including the High Court has 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.”

The court passed the above direction while hearing a bail application filed by applicant Ankit Gupta, the accused of raping a 14 year old minor girl.

The counsel on behalf of applicant placed reliance on medical report of victim girl and alleged that the family of the victim is in the practice of initially lodging a first information report and thereafter entering into a compromise with the accused persons. The bail application has allowed by the court on the ground that the medical report of the child does not indicate anything about injury of victim child and previous conduct of the mother of the victim in another case resiling from the charges after lodging of the first information report.

The bench emphasised that a prima facie case was made out for grant of bail.

Case details:

Before: Allahbad High Court

Bench: Hon’ble Mr. Justice Abdul Moin

Case: Bail No. - 9189 of 2019

Applicant: Ankit Gupta

Opposite Party: State of U.P.

Counsel for Applicant: Farooq Ayoob, J.B. Singh, Neelam Singh, Vivek Chandra

Counsel for Opposite Party: - G.A., Prabhat Kumar

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