This bail application was disposed on prima facie satisfaction regarding the reformative theory under Article 21 and by reference to a Supreme Court dictum, granting bail to the applicant without expressing an opinion on the merits of the case.
Release on bail on a personal bond and two sureties subject to specified conditions of conduct and attendance at trial.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10019 of 2022
Applicant :- Jeetu Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Bhushan Paul,Saurabh Paul Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 564 of 2021, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Robertsganj, District- Sonbhadra.
It is argued by the learned counsel for the applicant that only one case has been shown in the gang chart against the applicant and in that case the applicant is on bail. Bail order has been appended at page no. '19' of the paper book. It has also been argued by the learned counsel for the applicant that the coaccused Rijwan Usmani has already been granted bail by a coordinate bench of this court. The bail order of Rijwan Usmani has been placed before the court. The applicant is in jail from 17.7.2021, hence, the prayer for bail is made.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant but could not contradict the facts argued by the learned counsel for the applicant.
Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant Jeetu Thakur involved in 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 subject to following conditions.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail
Order Date :- 7.4.2022
Gss
Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.04.08 17:29:48 IST Reason: Location: High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
Jeetu Thakur
Sadana Rani
As recorded by the court registry
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