The court granted bail to the applicant in a matter under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, relying on Article 21 and a Supreme Court precedent.
Release on bail subject to personal bond, two sureties, and specific conditions regarding court functioning and trial cooperation.
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. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10532 of 2021
Applicant :- Ramesh Yadav @ Baba Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Yadav 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, Ramesh Yadav @ Baba, with a prayer to release him on bail in Case Crime No. 164 of 2020, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Bhadohi, District- Sant Ravi Das Nagar (Bhadohi) during pendency of trial.
The main submissions advanced on behalf of accused is that in the four 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 July, 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 :- 18.2.2021 shiv
3 issues framed by the court
Whether the applicant should be released on bail considering he has already been granted bail in cases forming the basis of Gangster Act proceedings.
Whether bail can be granted under the U.P. Gangsters and Anti Social Activities Prevention Act where the applicant is not guilty but has been imprisoned since July 2020.
Whether conditions for bail in cases under the Gangster Act can be conditioned on the restoration of normal court functioning.
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
2 provisions across 2 enactments
Ramesh Yadav @ Baba
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
