Allowed

Raju @ Rajesh v. State of U.P.

Allahabad HC17 Sept 2020BAIL/26147/2020

Case brief

AI extract

What is this about?

High Court Criminal Misc. Bail Application No. 26147 of 2020 for Raju @ Rajesh in Case Crime No. 792 of 2020. Court rejected exemption application but allowed bail under U.P. Gangsters Act relying on Dataram Singh dictum and Article 21, fixing personal bond with conditions.

What did the court decide?

Let applicant Raju @ Rajesh be released on bail on furnishing personal bond with two sureties each in the like amount subject to conditions.

Raju @ Rajesh Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26147 of 2020

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Applicant :- Raju @ Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Order on the Exemption Application .

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Application is rejected.

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Order on the Bail Application .

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Learned counsel for the applicant has filed free copy of the bail rejection order and certified copy of the first Information Report alongwith supplementary affidavit, which is taken on record.

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

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The instant bail application has been filed on behalf of the applicant Raju @ Rajesh, with a prayer to release him on bail in Case Crime No. 792 of 2020, under Sections 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station Civil Lines, District- Moradabad, during pendency of trial.

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According to the gang chart the applicant is said to have been involved in six criminal cases in which he has already been enlarged on bail by the court concerned. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 08.03.2020. There are two more criminal cases against the applicant explained in paragraph-10 of the affidavit filed in support of the bail application.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond

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and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 17.9.2020 Atul kr. sri.

Raju @ Rajesh v. State of U.P.

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Raju @ Rajesh v. State of U.P.

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