Allowed

Sonu Awasthi v. State of U.P.

Allahabad HC27 Sept 2021BAIL/35685/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 35685 of 2021, the Allahabad High Court allowed bail to Sonu Awasthi chargeable under the U.P. Gangsters Act. The court noted the applicant's prior bail in related cases and absence of prima facie evidence regarding gang membership as key factors.

What did the court decide?

Release on bail via personal bond and two sureties subject to non-interference and appearance conditions.

Sonu Awasthi Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35685 of 2021

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Applicant :- Sonu Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Anil Babu Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and learned AGA appearing on behalf of the State.

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It has been contended by learned counsel for the applicant is that the applicant has falsely been implicated in the present crime. Seven cases are mentioned in gang chart against the applicant, wherein he has been granted bail, which have properly explained by the applicant in paragraph no.9 of the affidavit filed in support of bail application. It is next contended that co-accused Babi Chaudhary alias Ankit Sharma has been granted bail by this Court vide order dated 23.9.2021 passed in Criminal Misc. Bail Application No. 27899 of 2021. It is also submitted that the 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 4.2.2021.

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Learned AGA has opposed the prayer for bail.

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Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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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.

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The bail application, accordingly, stands allowed.

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Let the applicant - Sonu Awasthi involved in Case Crime No. 304 of 2021, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Auraiya, District Auraiya 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:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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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.

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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.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 27.9.2021 Digamber

Sonu Awasthi v. State of U.P.

Case brief

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Sonu Awasthi v. State of U.P.

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