Allowed

Balram Thakur v. State of U.P.

Allahabad HC4 Aug 2022BAIL/11218/2021

Case brief

AI extract

What is this about?

In this bail application under the UP Gangster Act, the court observed that the applicant had been in jail for seven years prior to the FIR filing. Quoting the lack of prior criminal activity during the relevant period and noting the applicant's acquittal or bail in other cases, the court allowed bail subject to standard conditions.

What did the court decide?

The applicant Balram Thakur was released on bail on furnishing a personal bond and two sureties subject to specified conditions.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11218 of 2021

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Applicant :- Balram Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta,Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Indra Mohan Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 457 of 2019, under Sections 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b) (vii), 2(b)(viii), 2(b)(xi), 2(b)(xii), 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badalpur, District Gautam Budh Nagar during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of a first information report lodged on 30.12.2019 by the Station House Officer of Police Station against 33 persons alleging that the aforesaid persons have formed a gang and are indulged in carrying out criminal activities.

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4.In the order dated 01.02.2021 passed by the Special Judge, Gangster Act / Additional Sessions Judge, Court No.3, Gautam Budh Nagar in Bail Application No. 606 of 2021 filed on behalf of the applicant, it has been mentioned that the applicant is lodged in District Jail, Unnao for the past seven years.

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5.The learned counsel for the applicant has submitted that when the applicant is lodged in jail for the past seven years, there was no occasion for him to indulge in any criminal activities in the year 2019 when the FIR in question was lodged. He has submitted that the applicant has been falsely implicated in the present case by the police.

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6.In a supplementary affidavit filed on behalf of the applicant, a criminal history of 41 cases has been explained, out of which the applicant has already been acquitted in four cases and whereas the applicant has been granted bail in all other cases.

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7.By means of an order dated 19.02.2021, the learned AGA had

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been granted time to file counter affidavit, but no counter affidavit has been filed till date.

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8.The applicant is languishing in jail in connection with the present case since 04.01.2021. 9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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10.Having regard to the aforesaid facts and submissions particularly, the fact that the applicant is languishing in jail for the past seven years, I am of the view that the applicant is entitled to be released on bail.

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11.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

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12.Let the applicant - Balram Thakur be released on bail in Case Crime No. 457 of 2019, under Sections 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b) (vii), 2(b)(viii), 2(b)(xi), 2(b)(xii), 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badalpur, District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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13.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 4.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.09.02 14:51:52 IST Reason: Location: High Court of Judicature at Allahabad

Balram Thakur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balram Thakur v. State of U.P.

Case brief

What is this about?

What did the court decide?

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