Criminal Miscellaneous Bail Application allowed. Court held that applicant has made out a case for bail and ordered release on furnishing a personal bond and two sureties subject to standard conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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. - 34542 of 2018 Applicant :- Arvind Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Umesh Kumar Singh 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 learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, only one case 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 21.7.2018 (more than one and half 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 there is no criminal history against the applicant except the gang chart and further 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 Arvind Kumar Yadav involved in Case Crime No. 462 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Gorakhnath, District - Gorakhpur 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 :- 12.9.2018 A. Singh
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail under the U.P. Gangster and Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Arvind Kumar Yadav
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
