Court ordered release on bail for applicant in a Gangster Act case, relying on dictum from Dataram Singh, subject to specific conditions including furnishing bond/sureties and cooperation during trial.
Release on bail on a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35051 of 2020
Applicant :- Abdullah @ Vyapari Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, 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 applicant, Abdullah @ Vyapari , with a prayer to release him on bail in Case Crime No. 230 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Munderwa, District- Basti, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has 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 accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. Further submission is that as the applicant has 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 applicant. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is languishing in jail since 11.8.2019.
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 applicant, involved in the aforesaid crime 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 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 :- 4.11.2020
Vandana
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Abdullah @ Vyapari
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
