Ravi Kumar Kasera Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Ravi Kumar Kasera Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Ravi Kumar Kasera released on bail in Case Crime No. 91 of 2020 (S. 3(1), U.P. Gangsters and Anti Social Activities (Prevention) Act 1986) on furnishing a personal bond and two sureties each in the like amount, subject to stated conditions; interim enlargement on personal bond without sureties till normal functioning of the courts is restored, with sureties to be furnished within a month thereafter.

Issue for consideration

Whether the applicant Ravi Kumar Kasera should be released on bail in Case Crime No. 91 of 2020 under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Chetganj, District Varanasi, during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, nature of offence, evidence and complicity of accused, without expressing any opinion on the merits, and keeping in view the mandate laid down by the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, the applicant has made out a case for bail; the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidating/pressurising witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity after release); breach of any condition shall be a ground for cancellation of bail.

Key takeaways

Until normal functioning of the courts is restored, the applicant may be enlarged on bail on execution of personal bond without sureties; sureties are to be furnished to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶14

Detailed headnote1 paragraphs

Bail granted - U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, S. 3(1): Applicant, languishing in jail since 07.06.2020 in Case Crime No. 91 of 2020, P.S. Chetganj, District Varanasi, was granted bail during pendency of trial. Per the gang chart, only one case was shown against him, in which he had already been enlarged on bail by this Court vide order dated 20.12.2019; he was not a previous convict. Considering the nature of offence, evidence, complicity of accused, and without expressing any opinion on merits, and keeping in view the mandate laid down by the Apex Court in Dataram Singh Vs. State of U.P., (2018) 3 SCC 22, the Court held that the applicant had made out a case for bail. He was directed to be released on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence/intimidating witnesses, sincere cooperation in trial without adjournments, no criminal activity after release), with breach of any condition a ground for cancellation of bail; till normal functioning of the courts is restored, enlargement was permitted on execution of personal bond without sureties, sureties to be furnished within a month after normal functioning resumes.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29585 of 2020

Applicant :- Ravi Kumar Kasera Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant Ravi Kumar Kasera with a prayer to release him on bail in Case Crime No.91 of 2020, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Chetganj, District Varanasi, during pendency of the trial.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, only one case has been shown against the applicant in which he has already been enlarged on bail by this Court vide order dated 20.12.2019 (Annexure-3 to the bail application). The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 07.06.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Ravi Kumar Kasera 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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.

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

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

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.

Order Date :- 5.10.2020 Meenu