The Court released the applicants charged under the U.P. Gangster Act on bail pending trial, fixing conditions including furnishing a personal bond and two sureties to prevent tampering and future crime.
Release on bail with personal bond and two sureties subject to verification conditions and prohibition of tampering.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33754 of 2020
Applicant :- Arshad Alias Chota And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicants, Arshad @ Chota, Burhan and Salman , with a prayer to release them on bail in Case Crime No. 475 of 2020, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Chilkana, DistrictSaharanpur, during pendency of trial.
The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster Act against the applicants, they have already been granted bail by the Court. Submission is that the applicants are not gangsters and have never acted or conducted themselves as such. Counsel for the applicants has also tried to justify the alleged previous offences which are said to have been committed by the applicants. Further submission is that as the applicants have already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of 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 are 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 23.8.2020.
Learned AGA for the State has vehemently opposed the prayer for bail.
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 following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.10.2020
Vandana
1 issue framed by the court
Whether the applicants charged under the Gangster Act should be released on bail pending trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Arshad Alias Chota and 2 Others
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
