This Court granted bail to the applicant in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, directing him to furnish a personal bond and sureties subject to specific conditions regarding cooperation and avoiding further criminal activity.
Release on bail by furnishing a personal bond and two sureties.
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. - 29208 of 2020
Applicant :- Ram Jatan Yadav Alias Jatan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard Sri R.S. Yadav, Advocate, holding brief of Sri Ashok Kumar Yadav, learned counsel for the applicant, 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, Ram Jatan Yadav @ Jatan Yadav , with a prayer to release him on bail in Case Crime No. 240 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Belipar, DistrictGorakhpur, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is neither the leader/member of any gang nor involved in any anti-social activity. Three cases have been shown in the gang chart against the applicant in which he has already been enlarged on bail. It is further contended by the learned counsel for the applicant that co-accused Umesh Yadav has already been granted bail by this Court. The applicant is languishing in jail since 13.7.2020. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned AGA for the State has vehemently 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 :- 5.10.2020 Vandana
1 issue framed by the court
Whether the applicant should be released on bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Ram Jatan Yadav Alias Jatan Yadav
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
