Criminal court granted bail to Santosh Rawat accused under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Crime No. 982 of 2019, citing constitutional mandates and prior bail orders in related cases.
Release on bail with personal bond and two sureties subject to specified conditions including no tampering with witnesses.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7126 of 2020
Applicant :- Santosh Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Rashmi 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, Santosh Rawat , with a prayer to release him on bail in Case Crime No. 982 of 2019, under Section 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Colonel Ganj, District- Allahabad, 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. The bail orders have been annexed as Annexure No.2 to the application. 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 12.11.2019.
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 :- 8.10.2020
Vandana
1 issue framed by the court
Whether the applicant should be released on bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 considering his plea of innocence and prior bail grants.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherFollowed¶9
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Santosh Rawat
State of U.P.
Gautam Chowdhary
As recorded by the court registry
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