Civil Judge granted bail to Sanjeev Kumar in a Gangster Act case, relying on prima facie satisfaction of the charge and the reformative theory of punishment, without expressing an opinion on the case merits.
Release on bail subject to personal bond, two sureties, and conditions of attendance, non-tampering, and no illegal activities.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19414 of 2021
Applicant :- Sanjeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that two cases have been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in para 5 and 6 to the affidavit filed in support of bail application. The applicant is in jail since 25.03.2021.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Sanjeev Kumar , be released on bail in Case Crime No. 181 of 2019, under Sections- 3(1) U.P. Gangster Act, Police Station- Kotwali Khalilabad, District- Sant Kabir Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
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 :- 16.7.2021 Arti
3 issues framed by the court
Whether bail should be granted to the applicant charged under the U.P. Gangster Act.
Whether the applicant satisfies the criteria for bail under Article 21 of the Constitution of India.
What conditions should attach to the grant of bail in this case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
Dataram Singh v. State of U.P. and another, (2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Sanjeev Kumar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
