High Court Court No. 90 allowed bail to Ajay@ Bedi under the U.P. Gangster and Anti-Social Activities Act. The court noted bail was granted in seven other cases listed against the applicant and held him entitled to release during trial subject to conditions.
Applicant released on bail by executing a personal bond and furnishing two sureties each in the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3571 of 2021
Applicant :- Ajay@ Bedi Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 190 of 2019, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Shamshabad, district-Agra and is in jail since 17.12.2018, is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is absolutely innocent and has been falsely implicated in the present case on the basis of his involvement in seven other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the seven criminal cases shown against him in the gang chart. Copies of the bail orders which have been collectively annexed as Annexure-3. to the affidavit accompanying this application as well as Annexure-SA1 and SA2 to the affidavit accompanying the bail application, hence the applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in all the seven cases mentioned against him in the gang chart.
Keeping in view the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court
is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ajay @ Bedi be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 5.2.2021 Faridul
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial.
Whether prior grants of bail in other cases mentioned in a gang chart entitle the applicant to bail in the present case.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶10
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Ajay@ Bedi
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
