Court allowed exemption application from filing FIR copy and granted bail to applicant in gang-related case subject to personal bond, two sureties, and specific conditions including attendance and non-interference.
Applicant released on bail with personal bond and two sureties subject to conditions of attendance, non-tampering, and no illegal activities.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23579 of 2021
Applicant :- Pramod Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Re: Order on Exemption Application
Application is allowed.
The applicant is exempted from filing certified copy of first information report dated 15.01.2020.
Re: Order on Bail Application
Heard Sri Ashutosh Kumar Mishra, learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 0078 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Sihani Gate, District Ghaziabad.
Learned counsel for the applicant has submitted that in the gang chart 8 cases have been shown against the applicant in which he has been released on bail. Criminal history of 11 other cases of the applicant has been explained in paragraph No. 3 of the supplementary affidavit filed in support of the bail application. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit filed in support of the bail application as well as annexure SA1 to the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The applicant is in jail since 16.01.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
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 the applicant, Pramod Tyagi, who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 14.9.2021 Noman
Digitally signed by Justice Rajiv Joshi Date: 2021.09.14 16:10:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant should be released on bail despite being implicated in a gang case under the U.P. Gangsters Act.
Whether the applicant will misuse bail by threatening witnesses or indulging in illegal activities.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶13
Dataram Singh v. State of U.P. and another, (2018) 2 SCC 22 · Who else cites this
Pramod Tyagi
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
