This court granted bail to the applicant charged under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, relying on legal precedents regarding reformative punishment and fundamental rights while subjecting the release to specific conditions.
Released on bail with personal bond and two sureties subject to standard conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10474 of 2022
Applicant :- Shivram Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shanker Mishra 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, Shivram is involved in Case Crime No. 126 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Jalalabad, District Shahjahanpur.
It is argued by the learned counsel for the applicant that in the gang chart, three cases have been shown against the applicant and in those cases he is on bail. The bail orders have been appended with the paper book. There is no other criminal history apart from the cases shown in the gang chart. The coaccused Sandeep Singh @ Bhanu, Hukum Singh and Sunil Kumar Tripathi have been granted bail by this court. He is languishing in jail since 04.02.2022, hence prayer for bail is made.
Though, the bail application has been opposed by the learned A.G.A. but he could not contradict the facts mentioned above.
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 - Shivram, who is 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.
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 any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.4.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.04.08 13:18:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant charged under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
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Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Shivram
Sadhna Rani (Thakur)
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Sadhna Rani (Thakur)
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