The High Court granted bail to the applicant in a case under the U.P. Gangster and Anti Social Activities Act after considering co-accused bail history and prima facie satisfaction on charge and reformative theory of punishment.
Releasement of applicant on bail furnished by personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12040 of 2022
Applicant :- Sageer Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh 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, Sageer is involved in Case Crime No. 01 of 2022, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Ganj, District Rampur.
It is argued by the learned counsel for the applicant that in the gang chart only one case is shown against him and in that case he is on bail. The bail order is appended with the file. The coaccused- Sannu Khan has been granted bail vide order dated 08.04.2022 by the coordinate bench of this Court. He is languishing in jail since 28.09.2021, hence, the prayer for bail is made.
Learned A.G.A. has opposed the bail application but 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 - Sageer, 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:-
release.
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 :- 12.4.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.04.13 18:46:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is applicable to the applicant in a gangster case under U.P. Gangster and Anti Social Activities Act.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherRelied on¶9
Dataram Singh v. State of U.P. and another, (2018) 2 SCC 22 · Who else cites this
Sageer
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sadhna Rani
Parties & counsel
