This court allowed a bail application filed by Subhash Giri under the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, noting his lack of prior conviction and heavy court dockets.
Released on personal bond and two sureties subject to verification and specific conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32150 of 2020
Applicant :- Subhash Giri Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh 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 Subhash Giri with a prayer to release him on bail in Case Crime No.70 of 2020, under Section 2/3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Bairiya, District Ballia, during pendency of the trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by the court concerned vide orders dated 16.4.2020 and 21.3.2020 (Annexures 3 and 4 to the bail application). It is further submitted that applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 14.02.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
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, Subhash Giri 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.
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 :- 8.10.2020
Meenu
1 issue framed by the court
Whether the applicant entitled to bail under the U.P. Gangsters 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
1 provisions across 1 enactments
Subhash Giri
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
