Single judge granted bail to applicants Akash and Deepu in a gangster case pending trial, requiring a personal bond and sureties with standard conditions against tampering and absence.
Release of applicants Akash and Deepu on bail on furnishing a personal bond and two sureties each.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15751 of 2022
Applicant :- Akash And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Sudhanshu Kumar Singh learned counsel for the applicants, learned A.G.A. and perused the record.
The instant bail application has been filed on behalf of the applicants Akash and Deepu with a prayer to release him on bail in Case Crime No.473 of 2021 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station-Tundla, District Firozabad during pendency of trial.
Learned counsel for the applicants has contended that they have been falsely implicated in this case and they do not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicants. He further submitted that in the gang chart four cases are mentioned in which the applicants are on bail. Necessary averments have been made in paragraph no.11 to the bail application. Copy of the bail orders has been annexed as Annexure No.2 to the bail application. It is next submitted that co-accused Vishnu Kumar, has been granted bail by this Court vide order dated 3.3.2022 passed in Criminal Misc. Bail Application No.47463 of 2021. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 21.7.2021.
Lastly it is submitted by the learned counsel for applicants that the applicants shall not abscond, and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicants- Akash and Deepu involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.5.2022 Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.05.16 12:44:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Akash and Deepu
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
