Hon'ble Gautam Chowdhary, J. allowed bail to the applicant in a gangster case, citing Article 21 and Dataram Singh, without deciding on merits, subject to conditions.
Released on bail furnishing a personal bond and two sureties each, subject to specified conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4846 of 2021
Applicant :- Krishan Kumar Agarawal Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh,Govind Krishna,Shashank Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
This is the second bail application.
The first bail application, i.e. Bail Application No. 20483 of 2020, was dismissed as the same was not pressed by the learned counsel for the applicant. Hence the same was not decided on merit.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Krishan Kumar Agarawal , with a prayer to release him on bail in Case Crime No. 204 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Hapur Nagar, District- Hapur, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is languishing in jail since 13.7.2020.
Learned AGA for the State has vehemently opposed the prayer for bail.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant, involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.2.2021 Vandana
1 issue framed by the court
Whether the applicant, charged under the U.P. Gangsters Act, is entitled to bail during the pendency of trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Krishan Kumar Agarawal
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
