Allowed

Ram Lakhan v. State of U.P.

Allahabad HC11 Apr 2022BAIL/10717/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Ram Lakhan, involved in a case under the U.P. Gangsters and Anti Social Activities Prevention Act. The court noted he was already on bail in other cases from the same gang chart and released him to complete the trial.

What did the court decide?

Release on bail subject to personal bond and two sureties on conditions to attend trial, not tamper with witnesses, and not indulge in illegal activities.

Ram Lakhan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10717 of 2022

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Applicant :- Ram Lakhan Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Ram Lakhan is involved in Case Crime No. 0001 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 registered at Police Station Mail, District Deoria.

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It is argued by the learned counsel for the applicant that in the gang chart two cases have been shown against him. In both the cases, he is on bail. All the co-accused Ashif and Ajay Shilpakar have been granted bail. He is languishing in jail since 28.08.2021, hence, the prayer for bail is made.

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Though, the bail application has been opposed by the learned A.G.A. but he could not contradict the fact that the accused is on bail in both the cases mentioned in the gang chart. The rest two co-accused have also been granted bail by the coordinate bench of this Court.

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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.

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Let the applicant - Ram Lakhan, 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:-

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The applicant will attend and co-operate the trial proceedings

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pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned.

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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.

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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

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Order Date :- 11.4.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.04.11 18:27:08 IST Reason: Location: High Court of Judicature at Allahabad

Ram Lakhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Lakhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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