BK Singh
In a judgment that touches the chords of one’s heart and compels us to be humane with the poor and marginalised have nots living around us, the Allahabad high court has directed all trial court’s in the state to be considerate while dealing with bail applications of poor accused persons.
While granting bail to such persons the courts should also look into the financial and social background of the accused seeking bail before demanding financial sureties from him.
This order was passed by Justice Ajay Bhanot while hearing the bail application of one Arman hailing from Agra district.
Arman was in Jail from Sept 13, 2020 after Gangster Act was slammed against him by Atmadpur police station in Agra district.
The accused had sought bail from the high court after the several cases that had been lodged against him, he had been denied bail by the court in one case.
The high court granted him bail on the ground that the accused had himself revealed his criminal history and hence there were bleak chances that he would jump bail.
The trial court had granted him bail in other cases but had denied him bail in the present case as the accused could not get a person who would stand a financial surety bond on his behalf.
Taking a humane angle the court observed that there were many persons who were not in a position to seek bail because of their poor financial background.
Hence, the trial courts should not impose such conditions in which despite getting bail the accused finds himself standing in the dark. The poor accused still languishes in the court despite getting bail beacuse he fails to garner financial sureties.
