Allowed

Shanu v. State of U.P.

Allahabad HC7 Oct 2020BAIL/30882/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Shanu seeking release in a case under the U.P. Gangsters and Anti Social Activities Act. The court allowed bail subject to conditions including furnishing a personal bond and verifying sureties post-authority restoration.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties, verifiable post-court functioning restoration.

Shanu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30882 of 2020

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Applicant :- Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant Shanu, with a prayer to release him in Case Crime No.178 of 2019, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sakeet, District Etah, during pendency of the trial.

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It is submitted by learned counsel for the applicant 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 the court concerned vide order dated 26.06.2019 (Annexure 2 to the bail application). It is further submitted that except the case shown in the gang chart no other case is pending against the applicant. The applicant is not a member of any gang. The applicant is languishing in jail since 26.06.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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.

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Let the applicant, Shanu , who is involved in Case Crime No.178 of 2019, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sakeet, District Etah, 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.

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The applicant shall not tamper with the prosecution evidence

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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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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.

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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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Order Date :- 7.10.2020 SKD

Shanu v. State of U.P.

Case brief

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Shanu v. State of U.P.

Case brief

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