The single judge allowed the bail application of the applicant charged under the UP Gangster Act. Citing pandemic-related jail overcrowding and noting the dismissal of prosecution counter-arguments, the court granted bail subject to standard conditions.
The applicant is released on bail upon furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40178 of 2021
Applicant :- Ravi @ Thakur Kol Opposite Party :- State of U.P. Counsel for Applicant :- Kaushalesh Prasad Tiwari,J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed today is taken in the record.
Heard Shri Jitendra Bahadur Singh, learned counsel assisted by Sri Kaushalesh Prasad Tiwari, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A for the State.
A first information report was lodged as Case Crime No.0138 of 2021 at Police StationAudhaiyk Chetra District-Prayagraj under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act), Allahabad on 04.09.2021.
The applicant is in jail since 10.07.2021, pursuant to the said F.I.R.
Shri Jitendra Bahadur Singh, learned counsel assisted by Sri Kaushalesh Prasad Tiwari, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on
bail in the five criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
Courts have taken notice of the 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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ravi @ Thakur Kol involved in Case Crime No.138 of 2021 at Police StationIndustrial Area District-Prayagraj under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-
Social Activities (Prevention) Act, 1986, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.12.2021 Nadeem
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail given the jail overcrowding and lack of strong反驳 from prosecution.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶13
1 provisions across 1 enactments
Ravi @ Thakur Kol
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
