Court considered a bail application under the U.P. Gangsters and Anti-Social Activities Act. It allowed the applicant's release on bail during the trial amidst opposition from the state.
The applicant was released on bail upon executing a personal bond and furnishing two heavy sureties, subject to conditions of attendance and no inducement.
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. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44354 of 2020
Applicant :- Raja @ Hani @ Abhimanyu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.437 of 2020, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Bhogaon, District-Mainpuri is seeking enlargement on bail during the trial.
Learned counsel for the applicant submits that as per gang chart there are two cases in the credit of the applicant in which he is already bailed out. Copy of the bail orders have been annexed as Annexure-3 and Annexure-4 to the affidavit accompanying this application. The applicant is in jail since 17.02.2020, hence the applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in one case mentioned against him in the gang chart.
Keeping in view, the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Raja @ Hani @ Abhimanyu Yadav be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-
(a). The applicant shall attend the court according to the conditions of the bond executed by him.
(b). The applicant shall give a written undertaking to the court concerned after release that he would present in the concerned
Police Station on the last Sunday of every month during 10.00 to 12.00 Noon. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 14.12.2020 Sunil Kr. Gupta
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial in the aforementioned case.
1 provisions across 1 enactments
Raja @ Hani @ Abhimanyu Yadav
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
