The court allowed a bail application filed by an accused under the U.P. Gangster and Anti Social Activities (Prevention) Act, finding the grievance a fit case for bail based on parity with a co-accused and absence of evidence regarding violent activities.
The applicant to be released on bail on furnishing a personal bond with two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1165 of 2018 Applicant :- Pawan Alias Shaitan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Pawan @ Shaitan Singh, who is involved in Case Crime No. 503 of 2017, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station - Bakewar, District - Etawah.
It is contended by learned counsel for the applicant that the applicant has been bailed out in all the four cases shown against him in the gang chart. Similarly placed co-accused Durgesh Chauhan, whose case in on equal footing to that of the applicant, has been admitted to bail vide order dated 05.12.2017 passed by this Court in Criminal Misc. Bail Application No. - 47450 of 2017. Role of the applicant is similar to that of co-accused Durgesh Chauhan, and hence, the applicant is entitled to be released on bail on the ground of parity. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 17.06.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
After perusal of record and considering the complicity of accused, severity of punishment and totality of facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Pawan @ Shaitan Singh be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 25.1.2018 I. Batabyal
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity and lack of prior criminal history under the U.P. Gangster and Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Pawan Alias Shaitan Singh
Umesh Chandra Tripathi
As recorded by the court registry
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