Court allowed bail application for Nandlal Mishra under the Uttar Pradesh Gangsters and Anti-Social Activities Act, noting prima facie that he is neither a gang member nor leader and is already on bail in related substantive offences.
Release on bail on executing personal bond and furnishing two sureties each in the like amount, subject to specific conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23479 of 2020
Applicant :- Nandlal Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been entertained without an affidavit on account of the extraordinary contingency created by the Covid19 pandemic where the travel is restricted. This Court notices the fact that there is a declaration by the applicant that he will file an affidavit. This order is being passed, therefore, subject to a certain condition in this regard.
This is an application for bail on behalf of the applicant, Nandlal Mishra, in connection with Case Crime No. 435 of 2020, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Cantt., District Varanasi.
Heard Sri Rajendra Singh, learned Counsel for the applicant and the learned A.G.A. appearing for the State.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in the two substantive offences detailed in the gang chart without there being anything to show that he is either a member or the leader of the gang. It is next argued that the applicant has been admitted to bail in both the substantive offences, by this Court vide orders dated 10.07.2020 and 03.06.2020 passed in Criminal Misc. Bail Application Nos. 15934 of 2020 and 6558 of 2020, respectively. It is pointed out that there are three other cases away from the gang chart wherein the applicant has been involved, that is, Case Crime Nos. 597 of 2009, 143 of 2012 and 158,157,156 of 2012. It is pointed out that in all these cases, the applicant has been admitted to bail. Copies of the bail orders relating to last three offences are annexed as Annexure 4 to the affidavit filed in support of this bail application. It is further pointed out that the applicant is in jail since 25.11.2019.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular,
the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant is on bail in the substantive offences, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed .
Let the applicant, Nandlal Mishra , involved in Case Crime No. 435 of 2020, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Cantt., District Varanasi, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
It is made clear that in case, an affidavit in support of this application duly sworn is not filed, as declared, within 15 days of resumption of swearing of affidavits, the bail granted to the applicant shall be cancelled.
Order Date :- 2.9.2020 BKM/-
1 issue framed by the court
Whether the application for bail on behalf of the applicant in a case under the Gangsters and Anti-Social Activities Act should be allowed given his admission to bail in substantive offences and lack
1 provisions across 1 enactments
Nandlal Mishra
Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
