In criminal miscellaneous bail application No. 7999 of 2021, the High Court of Allahabad granted bail to Arun Katheriya, charged under Section 3(1) of the U.P. Gangsters Act, considering his impugned bail in other gang-related cases.
Release of the applicant on bail upon execution of a personal bond and furnishing two sureties.
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7999 of 2021
Applicant :- Arun Katheriya Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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.503 of 2020, under Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Bakewar, district Etawah and is in jail since 06.10.2020, is seeking enlargement on bail during the trial.
An first information report dated 30.09.2020 was lodged under Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) 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.17 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 the bail orders have been annexed on page no.19 onwards of the affidavit accompanying this 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 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 Arun Katheriya 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./
2 issues framed by the court
Whether the applicant is entitled to bail during the trial considering his bail in antecedent cases.
Whether the sureties are sufficient to grant bail in a case under U.P. Gangsters Act.
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, 2, · Who else cites this
1 provisions across 1 enactments
Arun Katheriya
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
