Allowed

Banti Sahu @ Shivendra v. State of U.P. and Another

Allahabad HC3 Dec 2021BAIL/42012/2021

Case brief

AI extract

What is this about?

The single judge allowed the bail application of Banti Sahu @ Shivendra charged under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, citing jail overcrowding and insufficient merit in the state's case.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount subject to conditions regarding conduct and appearance.

Banti Sahu @ Shivendra Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42012 of 2021

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Applicant :- Banti Sahu @ Shivendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Ashish Kumar Singh, learned counsel for the applicant and AGA for the State.

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A first information report was lodged against the applicant as Case Crime No.49 of 2021 at Police Station-Jalanpur, District-Hamirpur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

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The bail application of the applicant was rejected by learned Special Judge/Additional Sessions Judge, Hamirpur, on 07.04.2021.

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The applicant is in jail since 18.12.2020, pursuant to the said F.I.R.

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Shri Ashish Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in two 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 applicant has become a soft target for the police

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authorities who repeatedly nominate him in a number of cases only to burnish their professional credentials. The aforesaid cases have 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.

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Shri Vikas Sahai, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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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.

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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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Banti Sahu @ Shivendra involved in

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Case Crime No.49 of 2021 at Police Station-Jalanpur, District-Hamirpur under Section 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.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.12.2021 Dhananjai

Banti Sahu @ Shivendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Banti Sahu @ Shivendra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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