Ajay Kumar @ Saurabh Kumar Chaudhary Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Ajay Kumar @ Saurabh Kumar Chaudhary Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Ajay Kumar @ Saurabh Kumar Chaudhary to be released on bail in Case Crime No. 42 of 2020 under Section 3(1) UP Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. G.R.P. Mughalsarai, District Chandauli, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the four enumerated conditions, with verification of sureties and liberty to cancel bail on breach.

Issue for consideration

Whether the applicant, Ajay Kumar @ Saurabh Kumar Chaudhary, in jail since 2.1.2020, should be released on bail in Case Crime No. 42 of 2020 under Section 3(1) of the UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at P.S. G.R.P. Mughalsarai, District Chandauli.

Court's answer

Considering the complicity of the accused, the severity of punishment and the totality of facts and circumstances, and without commenting on the merits of the case, the court found it a fit case for bail at that stage.

Ratio / Principle

The applicant was directed to be released on bail in Case Crime No. 42 of 2020 (Section 3(1), UP Gangster and Anti Social Activities (Prevention) Act, 1986) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions (no tampering with prosecution evidence or harm/harassment to the victim/complainant; abiding by court orders and attending every date without delaying trial; no unlawful activity; no misuse of bail liberty), with surety identity, status and residential proof to be verified and liberty reserved to the court concerned to cancel the bail and remand the applicant to prison on breach of any condition.

Detailed headnote1 paragraphs

Bail granted — Gangster Act case: A single-judge Bench (Hon'ble Vipin Chandra Dixit, J.) allowed Criminal Misc. Bail Application No. 29335 of 2020 and directed the release of applicant Ajay Kumar @ Saurabh Kumar Chaudhary on bail in Case Crime No. 42 of 2020 under Section 3(1) UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station G.R.P. Mughalsarai, District Chandauli, on furnishing a personal bond and two sureties each in the like amount. The court noted that the two cases shown in the gang-chart were ones in which the applicant was already on bail (bail orders annexed as Annexure-3), that he had also been released on bail in a pending case, Case Crime No. 3 of 2020 under section 8/22 N.D.P.S. Act (P.S. G.R.P.D.D.U., District Chandauli), and that he had been in jail since 2.1.2020; the learned AGA did not dispute these bail grants. Finding it a fit case for bail on complicity, severity of punishment and totality of circumstances, without commenting on merits, the court imposed conditions (non-tampering with evidence/no harm to victim, attendance and no trial delay, no unlawful activity, no misuse of liberty), with surety verification and liberty to cancel bail on breach. Order dated 5.10.2020.

Court No. - 2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29335 of 2020

Applicant :- Ajay Kumar @ Saurabh Kumar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh,Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the applicant and learned AGA for the State respondent.

Learned counsel for the applicant has submitted that two cases have been shown against the applicant in the gang-chart and in those cases, the applicant is on bail. Copies of bail orders have been annexed as Annexure-3 to the affidavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated in the present crime. The copy of the gangchart has been annexed as Annexure-2 to the affidavit. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. He next submits that the applicant is in jail since 2.1.2020 and if he is released on bail, he will not misuse the liberty of bail.

It is also submitted in paragraph 6 of the affidavit that except the above two cases in gang-chart, in one criminal case being Case Crime No. 3 of 2020 under section 8/22 N.D.P.S. Act, P.S. G.R.P.D.D.U., District Chandauli pending against the applicant, he has already been released on bail by the concerned court.

Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the applicant has been granted bail in the cases mentioned in the gang-chart.

Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail.

Let applicant- Ajay Kumar @ Saurabh Kumar Chaudhary be released on bail in Case Crime No.42 of 2020 under Section 3(1) UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station G.R.P. Mughalsarai, District Chandauli, on furnishing a personal bond and two sureties each

in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.

(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activity.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 5.10.2020 P.P.