Accused's Right Of Bail Should Not Be Frustrated By Arbitrary Demands Of Sureties: Allahabad High Court
|The Allahabad High Court observed that the trial Court shall ensure that the right of bail granted by the High Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.
The Court was hearing a Bail Application in a Crime Case registered bail under Section 2/3 of the U.P. Gangster Act. The applicant has been in jail for the past 4 years.
The bench of Justice Ajay Bhanot observed, “The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.”
Advocate Brijesh Kumar Pal appeared for the Appellant.
The Court directed the trial Court to fix the sureties after due application of mind in light of the judgement rendered by the Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt.
The Court noted that the applicant has also been imprisoned in two more criminal cases and was granted bail by the trial Court but has not been released on bail due to his inability to furnish sureties.
The Court observed, “This appears to be a serious matter. A large number of the persons who belong to marginalized sections of the society or financially destitute are unable to arrange or provide sureties fixed arbitrarily by the learned trial courts. To deal with this situation the constitutional Courts have constantly held that the right of bail cannot be defeated by arbitrary surety demands.”
“It is the responsibility of the learned trial court to apply their minds to the socioeconomic status of the accused and accordingly fix the sureties. The law has cautioned against determining sureties in a mechanical manner.”, the Court added.
The Court observed, “this Court has also repeatedly directed that the right of bail of the applicant granted by this Court should not be not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.”
Finally, the Court directed the State Legal Services Authority to ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.
Cause Title: Arman v. State of U.P. (Neutral Citation: 2024:AHC:139954)