In a bail application under the UP Gangsters Act, the High Court allowed the applicant's bail after noting prima facie lack of evidence linking him as a gang member, despite the gravity of the offense.
Bail granted with bond and two sureties; standard conditions imposed regarding tampering, witness interference, and appearance.
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. - 13695 of 2021
Applicant :- Madho Yadav @ Rajesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Sharma,Gauri Shankar Yadav
Counsel for Opposite Party :- G.A.
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 case. 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 30.5.2020.
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.
The bail application, accordingly, stands allowed.
Let the applicant - Madho Yadav alias Rajesh Yadav involved in in Case Crime No. 408 of 2020, under Section 3/1 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Gopiganj, District Bhadohi be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.6.2021 Digamber
2 issues framed by the court
Whether the applicant is eligible for bail in the instant criminal matter.
Whether the applicant being a member of a criminal gang affects the bail application.
Madho Yadav @ Rajesh Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
