This judgment dismisses the prosecution's opposition to bail and grants bail to the applicant, Ashish @ Chhulli, accused under the U.P. Gangsters and Anti-Social Activities Act, subject to personal bond and two sureties.
Release of the applicant on bail on furnishing a personal bond and two sureties.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14237 of 2022
Applicant :- Ashish @ Chhulli Opposite Party :- State of U.P. Counsel for Applicant :- Sati Shanker Tripathi,A.K. 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, Ashish @ Chhulli is involved in Case Crime No. 599 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, registered at Police Station Kotwali, District Mathura.
It is argued by the learned counsel for the applicant that only one case has been shown in the gang chart against him and in that case he is on bail. The criminal history of two cases is also shown against him apart from the cases mentioned in the gang chart. In those cases also he is on bail. All the bail orders have been attached with the paper book/supplementary affidavit. He is languishing in jail since 02.12.2020, hence prayer for bail is made.
Per contra, 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 - Ashish @ Chhulli 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:-
pending before the court concerned on the date fixed after 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 :- 7.4.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.04.08 13:19:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused in a gangster case pending trial.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherApplied¶9
Dataram Singh v. State of U.P. and another, (2018) 2 SCC 22 · Who else cites this
Ashish @ Chhulli
Sadhna Rani
As recorded by the court registry
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