The court allowed bail to the applicants in a case under the U.P. Gangsters Act, 1986, relying on Article 21 and the Dataram Singh judgment, without expressing an opinion on the merits of the accusations.
Applicants released on bail on personal bond and two sureties each, subject to specific conditions regarding tampering and criminal activity.
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. - 43912 of 2020
Applicant :- Murtja And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants 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 applicants, Murtja and Prahlad, with a prayer to release them on bail in Case Crime No. 272 of 2020, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Nautanwa, District- Maharajganj, during pendency of trial.
The main submissions advanced on behalf of accused is that in one case which have been made the basis to impose the provisions of Gangsters Act against each of the accused, they have already been granted bail by the Court. Submission is that the applicants are not a gangster and have never acted or conducted themselves as such. 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. Submission is also that the applicants are not guilty of having committed any offence under the Gangster Act. 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 in jail since 31.10.2020.
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 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 :- 9.12.2020 VS
2 issues framed by the court
Whether the applicants are entitled to bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether illegality in imposing the Gangster Act provisions can be a ground for grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Murtja
Prahlad
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
