Hon'ble Aniruddha Singh, J. allowed bail to the applicant Ravi in Criminal Misc. Bail No. 28506 of 2018 under the U.P. Gangster Act, directing his release on personal bond and two sureties subject to standard conditions of not tampering with evidence or intimidating witnesses.
Bail allowed on personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28506 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and Sri O.P. Singh, brief holder for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, two cases had been shown against accused applicant and he is on bail. The applicant has been falsely implicated in the present case. He is languishing in jail since 6.6.2018 (more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that he could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ravi involved in Case Crime No. 326 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Surajpur, District - Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 10.8.2018//A. Singh
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28506 of 2018
Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
From the perusal of order dated 31.7.2018 it transpires that on submission of learned A.G.A. that there is criminal history of two cases against the applicant, date was fixed for today i.e. 10.8.2018, learned counsel for the applicant was directed to explain the criminal history.
By filling supplementary affidavit, learned counsel for the applicant submits that Case Crime No. 186 of 2018, under Section 307 IPC, P.S. Dadari, District Gautam Budh Nagar and Case Crime No. 187 of 2018, under Section 411, 482 IPC, Police Station Dadari, District Gautam Budh Nagar have wrongly been shown against the applicant-Ravi. The said cases are against Atul and Dhiraj @ Kanpuriya (copy of said F.I.R. & charge sheet are annexed at page nos. 7 to 33 of the supplementary affidavit filed today).
Call for a report from S.P./S.S.P., Gautam Budh Nagar to explain as to why and under what circumstances, Sub-Inspector (S.I.) Naresh Pal Rana, Police Station Dadari, District Gautam Budh Nagar has wrongly shown the above said cases as criminal history against the applicant, by filing personal affidavit on or before the date fixed.
List this matter on 4th September, 2018 at 4.15 p.m. in the Chamber.
Copy of this order be provided free of cost to Sri O.P. Singh, brief holder for the State within 24 hours for compliance.
Order Date :- 10.8.2018
A. Singh
2 issues framed by the court
Whether the applicant has made out a case for bail in a gangster prevention case despite allegations of criminal history.
Whether the criminal history cases shown against the applicant are correctly attributed to him.
3 provisions across 2 enactments
Ravi
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
