In a bail application under the U.P. Gangsters Act, the court directed the release of the applicant by furnishing a personal bond and sureties after citing relevant Supreme Court precedents.
The applicant is released on bail upon furnishing a personal bond and two sureties subject to specified conditions regarding warrant execution and court functioning.
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. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26512 of 2020
Applicant :- Amarpal @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Kanchan Singh,Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant- Amarpal @ Chhotu with a prayer to release him on bail in Case Crime No. 456 of 2019, under Section 2/3 of U.P. Gangsters and ante Social Activities (Prevention) Act, 1986, Police Station-Kotwali Dehat, District- Etah during pendency of trial.
The submissions advanced on behalf of accused is that in six cases which have been made the basis to impose the provisions of Gangsters Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 06.09.2020.
Learned A.G.A. has opposed the prayer for bail but could not dispute the fact of applicant having been released on bail in all the criminal cases which have been shown to be the basis of imposing the provisions of the Act.
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 her furnishing a
personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 1.10.2020 OP
1 issue framed by the court
Whether the applicant deserves release on bail under the U.P. Gangsters Act considering previous bail orders in underlying cases.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Amarpal @ Chhotu
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
