The High Court granted bail to the applicant accused of offences under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, noting his bail in other cases and parity with a co-accused, subject to standard conditions.
Released on bail under Section 2/3 U.P. Gangster Act on personal bond and two sureties subject to specified conditions.
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Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23280 of 2020
Applicant :- Monu @ Kanahiya Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent.
Learned counsel for the applicant has submitted that four cases have been shown against the applicant in the gang-chart and in all the cases, the applicant is on bail. Copy of the bail orders have been annexed as Annexure-3 to the affidavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any antisocial activities and has been falsely implicated in the present case. The copy of the gang-chart has been annexed as Annexure-2 to the affidavit. It is also submitted that the co-accused Rajvir @ Jai Singh has already been granted bail by this Court vide order dated 27.5.2020 passed in Crl. Misc. Bail Application No.12861 of 2020, copy of which has been filed as Annexure-4 to the bail application and the case of the applicant is identical, therefore, he is also entitled to release on bail on the ground of parity. He next submits that the applicant is in jail since 22.07.2019 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the applicant has been granted bail in all the cases mentioned in the gangchart as wll as bail granted to the co-accused by this Court.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Monu @ Kanahiya be released on bail in Case Crime No.445 of 2018 under Section 2/3 UP Gangster & Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Jewar, District-Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned,
subject to the following conditions:
(a) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(b) The applicant will abide by the orders of the court, attend the court on each and every date and he will not delay the disposal of trial in any manner whatsoever.
(c) The applicant will not indulge in any unlawful activity.
(d) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.8.2020 LN Tripathi
1 issue framed by the court
Whether the applicant is a fit case for grant of bail considering his bail in other cases and identity with a co-accused.
1 provisions across 1 enactments
Monu @ Kanahiya
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
