Allowed

Santosh Kumar Yadav v. State of U.P.

Allahabad HC6 Jul 2021BAIL/9542/2021

Case brief

AI extract

What is this about?

The High Court granted bail to Santosh Kumar Yadav facing prosecution under the U.P. Gangsters and Anti-Social Activities Act, 1986. The court noted the applicant's bail status in two cited cases and declined to consider unlisted antecedents, ordering his release on personal and surety bonds.

What did the court decide?

Applicant released on bail by executing a personal bond and two heavy sureties, subject to conditions of attendance and police reporting.

Santosh Kumar Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9542 of 2021

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Applicant :- Santosh Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Patel,Anil Kumar Pandey,Hemant Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Shri Anil Kumar Pandey, learned counsel for the applicant connected virtually and learned A.G.A. for the State. Perused the material on record.

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By means of this application, the applicant who is facing prosecution in Case Crime No.07 of 2021, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Robertsganj, District-Sonbhadra, is seeking enlargement on bail during the trial. He is languishing in jail since 03.01.2021.

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Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in two other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in both cases shown against him in the gang chart. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit accompanying this application. The applicant is in jail since 03.01.2021, hence the applicant is entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. by making a mention that in addition to two cases shown in the gang charge the applicant has got criminal antecedents of 17 cases.

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It has been contended by learned counsel for the applicant that after making thorough inquiry, it has been unearthed that out of 17 cases in six cases the applicant has not been named, thus, in total there are 12 cases to the credit of the applicant.

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The Court wonders that a person who is having criminal antecedents of 12 cases, only two cases have been shown against him in the gang chart. This Court is not inclined to take judicial note of the cases which are outside the gang chart. Such

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type of practice is deprecated by this Court by means of judgement and order dated 19.3.2021 passed by this Court in the case of Nishant @ Nishu vs State of U.P., Criminal Misc. Bail Application No.14323 of 2021

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Keeping in view the totality of circumstances and that the applicant is on bail in both cases mentioned in the gang chart and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Santosh Kumar Yadav be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-

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(a). The applicant shall attend the court according to the conditions of the bond executed by him.

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(b). The applicant shall give a written undertaking to the court concerned after release that he would present in the concerned Police Station on the last Sunday of every month during 10.00 to 12.00 Noon. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.

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(c) 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 or to any police officer or tamper with the evidence.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.

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Order Date :- 6.7.2021 M. Kumar

Santosh Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Santosh Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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