Allowed

Shivakant Pandey @ Bheiyan v. State of U.P.

Allahabad HC6 Jul 2022BAIL/13117/2022

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application concerns an applicant convicted under the U.P. Gangsters Act, incarcerated since January 2022. The court, considering evidence that the applicant was acquitted in three related cases, granted bail during the trial.

What did the court decide?

Release of applicant on bail by executing a personal bond and furnishing two sureties, each in an amount satisfactory to the court, subject to specific conditions.

Shivakant Pandey @ Bheiyan Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13117 of 2022

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Applicant :- Shivakant Pandey @ Bheiyan Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Sunil Kumar Upadhyay,Vivek Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 329 of 2021, under sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. G.R.P., Prayagraj, district-Prayagraj and is in jail since 2.1.2022, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is absolutely innocent and has been falsely implicated in the present case on the basis of his involvement in three other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the three criminal cases shown against him in the gang chart. Copies of the bail orders which have been collectively annexed as Annexure-3 to the affidavit accompanying this application, hence the applicant is entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in all the three cases mentioned against him in the gang chart.

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Keeping in view the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court

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is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Shivakant Pandey @ Bheiyan be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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He will continue to attend and co-operate in the trial 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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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 6.7.2022

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Faridul

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Digitally signed by FAREEDUL HASAN Date: 2022.07.08 12:13:03 IST Reason: Location: High Court of Judicature at Allahabad

Shivakant Pandey @ Bheiyan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivakant Pandey @ Bheiyan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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