Allowed¶9

Mangal Chero and Another v. State of U.P.

Allahabad HC11 Nov 2020BAIL/30301/2020

Case brief

AI extract

What is this about?

Allahabad High Court bail order; CRIMINAL MISC. BAIL APPLICATION No. 30301 of 2020; Mangal Chero and Nandoo Chero v. State of U.P.; Section 3(1) U.P. Gangsters Act; Case Crime No. 195 of 2020; P.S. Chopan, District Sonbhadra; bail granted during pendency of trial; personal bond and two sureties; Dataram Singh (2018) 3 SCC 22 relied on; Article 21 Constitution of India; conditions of bail; cancellation of bail on breach; custody since 15.07.2020; order dated 11.11.2020; Gautam Chowdhary, J.

What did the court decide?

Applicants 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 the conditions enumerated in the order; interim enlargement on personal bond without sureties till normal functioning of courts is restored. ¶9

Mangal Chero and Another Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants should be released on bail in Case Crime No. 195 of 2020 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Chopan, District Sonbhadra, during pendency of trial.

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Court's answer

Without expressing any opinion on the merits of the case, and having considered the material on record, Article 21 of the Constitution and the dictum in Dataram Singh, the applicants are 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.

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Ratio / Principle

Bail is granted subject to conditions (including no tampering with prosecution evidence, sincere cooperation in trial without adjournments, no further criminal activity, and furnishing of sureties within a month after normal functioning of courts is restored); breach of any condition shall be a ground for cancellation of bail.

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Detailed headnote1 paragraphs

Bail — Section 3(1), U.P. Gangster and Anti Social Activities (Prevention) Act — applicants in custody since 15.07.2020 in Case Crime No. 195 of 2020, P.S. Chopan, District Sonbhadra — bail granted without expressing any opinion on merits, on furnishing personal bond and two sureties each in the like amount, having regard to Article 21 of the Constitution of India and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22 — conditions imposed, including no tampering with prosecution evidence, cooperation in trial, no further criminal activity, and furnishing of sureties within a month after normal functioning of courts is restored — breach of any condition to be a ground for cancellation of bail.

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30301 of 2020

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Applicant :- Mangal Chero And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Prasad Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicants, Mangal Cheoro & Nandoo Chero, with a prayer to release them on bail in Case Crime No. 195 of 2020, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Chopan, District-Son Bhadra, during pendency of trial.

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The submission advanced by learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the present case. Submission is that the applicants are not gangster and have never acted or conducted themselves as such. It is submitted that the cases mentioned in the gang chart against the applicants is totally false and fabricated one. Learned counsel for the applicants has also tried to justify the alleged previous offences which are said to have been committed by the applicants. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon them. It has also been submitted that the applicants are languishing in jail since 15.07.2020.

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Learned AGA for the State has vehemently opposed the prayer for bail.

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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 applicants, involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the

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following conditions that :-

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

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

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

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short-term bail comes to an end.

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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.

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

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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.

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

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Order Date :- 11.11.2020

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Mangal Chero and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mangal Chero and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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