In a bail application under the U.P. Gangsters Act, this court released the applicant on bail by personal bond and two sureties (conditional on court resumption), citing the Apex Court in Dataram Singh without addressing the merits.
Release on bail by personal bond and two sureties (effective after short-term bail period ends if applicable).
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27685 of 2020
Applicant :- Runjhun Kapar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Singh 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, Runjhun Kapar, with a prayer to release him on bail in Case Crime No. 01 of 2020, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- New Agra, District- Agra, during pendency of trial.
The main submissions advanced on behalf of accused is that in the two 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. 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. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. 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 6.11.2019.
Learned AGA for the State has opposed the prayer for bail.
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 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 :- 15.10.2020
shiv
2 issues framed by the court
Whether the applicant should be released on bail in a case under the U.P. Gangsters Act, 1986.
Whether the applicant has acted as a gangster warranting continued incarceration.
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
Runjhun Kapar
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
