Sonoo Kumar v. State of U.P.
Case brief
What is this about?
Single judge allowed bail application under U.P. Gangsters Act. Granted despite offense gravity, finding prima facie no proof of gang membership while imposing strict conditions.
What did the court decide?
Released on personal bond and two sureties subject to conditions not to tamper with evidence, threaten witnesses, or commit similar offences.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11848 of 2021
Applicant :- Sonoo Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sanjay Singh, learned AGA-I appearing on behalf of the State.
It has been contended by learned counsel for the applicant is that the applicant has falsely been implicated in the present. There is only one case mentioned in gang chart against the applicant, wherein he has been granted bail. It is next contended that present case has been lodged against the applicant without any consideration of evidence by the police that may show that the applicant is a member of a criminal gang. It is submitted that, in fact, there is no evidence on record to show that the applicant is a member of a criminal gang. The applicant is in jail since 31.10.2020.
Learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has been enlarged on bail in the substantive offence, and, the fact that prima facie there is no evidence to show that the applicant is a member of a criminal gang or its leader, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant should be granted bail given the gravity of the offence and doubts regarding gang membership.
Whether to impose specific conditions to prevent tampering with evidence and obstruction of justice.
Parties & counsel
- applicant
Sonoo Kumar
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/11848/2021
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