In a bail application under the Gangster Act, the court considered the applicant's prior bail grants in related cases. Applying the law laid down in Data Ram, the court allowed bail during the trial period subject to specific conditions and verification of sureties.
Applicant released on bail on personal bond and two sureties with conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3632 of 2021
Applicant :- Rohtash @ Devendra @ Taunta 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 today, is taken on record.
Heard learned counsel for the applicant and 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.890 of 2018, under Section 2/3 Gangster Act & Prevention of Anti Social Activities Act, 1986, Police Station Jagdishpura, district Agra and is in jail since 15.09.2017, is seeking enlargement on bail during the trial.
An first information report dated 17.08.2018 was lodged under Section 2/3 Gangster Act & Prevention of Anti Social Activities Act, 1986 alleging that the applicant alongwith others formed a gang and have committed various offences.
Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in three other criminal cases mentioned in gang chart, copy whereof has been annexed on page no.18 of the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in the criminal cases shown against him in the gang chart. Copy of one bail order has been annexed on page nos.20 onwards of the affidavit accompanying this application and two bail orders have been annexed on page nos.9 onwards of the supplementary affidavit, 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 the case mentioned against him in the gang chart.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission 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, 2, 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 Rohtash @ Devendra @ Taunta involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 19.2.2021
R./
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial under the Gangster Act.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersApplied¶11
Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 · Who else cites this
1 provisions across 1 enactments
Rohtash @ Devendra @ Taunta
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
