Allu @ Sharafat Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Allu @ Sharafat Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Allu @ Sharafat released on bail in Case Crime No. 43 of 2020 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Hasanpur, District Amroha, on personal bond and two sureties each in the like amount, subject to stated conditions.

Issue for consideration

Whether the applicant Allu @ Sharafat, in custody since 11.02.2020 in Case Crime No. 43 of 2020 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, should be released on bail.

Court's answer

Considering the complicity of the accused, severity of punishment and the totality of facts and circumstances, and without commenting on the merits, the court found it a fit case for bail.

Ratio / Principle

The applicant was ordered to be released on bail in Case Crime No. 43 of 2020 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Hasanpur, District Amroha, on furnishing a personal bond and two sureties each in the like amount.

Key takeaways

Bail is subject to conditions (no tampering with prosecution evidence or harassment of victim/complainant, attendance on every date, no unlawful activities, no misuse of liberty); on breach of any condition, the court concerned may cancel the bail and send the applicant to prison.ratio¶14

Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, S. 3(1) — applicant shown in gang chart with a single antecedent, Case Crime No. 0357 of 2018 under Sections 3/5/8 Cow Slaughter Act, in which he was already on bail since 04.07.2018; in custody since 11.02.2020 — court, without commenting on merits, found it a fit case for bail considering complicity of the accused, severity of punishment and totality of facts and circumstances — release ordered on personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence or harassment of victim/complainant, attendance on every date, no unlawful activities, no misuse of liberty) — breach entitles the court concerned to cancel bail.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9549 of 2020

Applicant :- Allu @ Sharafat Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Kashyap,Pradeep Kumar Kashyap Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard Sri Pradeep Kumr Kashyap, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant contended that there is only one case shown in the gang chart against the applicant in Case Crime No.0357 of 2018, under Section 3/5/8 of Cow Slaughter Act, copy of which is annexed as Annexure-2 to this affidavit; that the applicant is on bail, the bail order dated 04.07.2018 is annexed as Annexure No.3 to this affidavit; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 11.02.2020.

Learned A.G.A. vehemently opposed the prayer of bail.

Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicant Allu @ Sharafat be released on bail in Case Crime No. 43 of 2020, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Hasanpur, District Amroha, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 4.3.2020 T.S.