A judge allowed a bail application filed under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The court released the applicant on personal bond and two sureties, citing Article 21 and the Dataram Singh case, without expressing an opinion on the merits.
Released on bail with a personal bond and two sureties subject to specified conditions.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40652 of 2020
Applicant :- Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Ganga Bhushan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and 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 Shivam with a prayer to release him on bail in Case Crime No. 453. of 2020, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Iglas, District- Aligarh during pendency of trial.
The main submissions advanced on behalf of accused is that in the three cases which have been made the basis to impose the provisions of Gangsters 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. 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. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. 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 in jail since 17.09.2020.
Learned AGA for the State has 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 :- 25.11.2020
RPD
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving the Gangsters Act given that bail was granted in cases forming the basis for invoking the Act.
Whether the applicant can be released on bail subject to personal bond and sureties under the principles of Article 21.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Shivam
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
