AMITABH @ IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application for bail on behalf of the applicant, Amitabh @ Irshad in connection with Case Crime No. 289 of 2007, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Jewar District Gautam Budh Nagar.

(2.) It is made out in the affidavit filed in support of the bail application that the applicant was on bail in the present crime pending trial. 26.03.2010 was the date fixed before the Trial Court and on that date, the applicant made an application seeking exemption of his personal presence. The next date fixed was 07.05.2010 and he could not appear. It is further stated in the affidavit that the trial has been transferred from one Court to another at Ghaziabad Judgeship, of which the applicant could not keep track. Lateron, the case was transferred from Ghaziabad Judgeship to the Judgeship of Gautam Budh Nagar on 21.12.2012. The applicant could not know the whereabouts of the Trial and in consequence he did not appear. He appeared before the Court on 05.12.2014 in response to a non bailable warrant and applied for recall. It appears that the recall application was rejected. Lateron, an application for bail was made, which, too, has come to be rejected vide order dated 28.01.2020. It is also made out in the application that the applicant is in jail since 05.12.2019.

(3.) 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: