Allowed

Ashish Alias Deepak Singh v. State of U.P.

Allahabad HC24 May 2018BAIL/17518/2018

Case brief

AI extract

What is this about?

Court allowed second bail application of Ashish Alias Deepak Singh involved under U.P. Gangsters Act. Granted bail despite Act invocation due to acquittals in two underlying cases and bail in one, noting lack of material suggesting tampering risks.

What did the court decide?

Released on bail by executing a personal bond and two sureties each to the satisfaction of the court concerned.

Ashish Alias Deepak Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17518 of 2018

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Applicant :- Ashish Alias Deepak Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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This is the second bail application moved on behalf of applicant Ashish Alias Deepak Singh. The first bail application moved on behalf of applicant has been rejected by this Court vide order dated 23.2.2016 in non prosecution.

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Heard learned counsel for the applicant and learned A.G.A.

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Perused the record.

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The chief plank of the submissions made on behalf of accused-applicant is that out of three cases, which have been made the basis to impose the provisions of Gangsters Act against the accused, in two cases which were registered as Case Crime No.305 of 2008 u/s 307 I.P.C. and Case Crime No.306 of 2008 u/s 3/7/25 of Arms Act the applicant has been acquitted by the court below while in one another case which was registered as Case Crime No.710 of 2007 u/s 302 I.P.C. he has already been granted bail by the Court. Contention is that the provisions of the Act have been ill-used by the Police in order to perpetuate the detention of the applicant in jail anyhow even though the offence under the aforesaid Act is not made out. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to demonstrate that the alleged previous offences which are said to have been committed by the applicant can at the most be said to be stray sporadic incidents of breach of law having no nexus with the definition of a gangster as has been provided in the Act. Further submission is that as the applicant has already been acquitted in two cases and has been released on bail in one case on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 29.4.2008 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the fact of applicant having been released on bail in all the criminal cases which have been shown to be the basis of imposing the provisions of the Act.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any

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convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant-Ashish alias Deepak Singh, involved in Case Crime No.403 of 2008, u/s 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.-Jafarabad, District-Jaunpur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 24.5.2018 M. Kumar

Ashish Alias Deepak Singh v. State of U.P.

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Ashish Alias Deepak Singh v. State of U.P.

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