Court allowed bail to Durga Pasi in a case under U.P. Gangsters Act. Applicant argued he has prior bail grants, no gang involvement, and heavy dockets prevent quick trial. Bail granted with bond and sureties.
Release on bail with personal bond and two sureties, subject to conditions against tampering with evidence, seeking adjournments, and committing new crimes.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22787 of 2022
Applicant :- Durga Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.,Mool Chandra
Hon'ble Deepak Verma,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant, Sri Mool Chandra, learned counsel for the informant; learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.14 of 2022, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Mahevaghat, District Kaushambi, during pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the courts (Annexures 3-5 to the bail application). Apart from three cases, the applicant has four cases of criminal history and he has been granted bail in all cases He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 19.01.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. and counsel for the informant have vehemently opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021,
the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Durga Pasi , who is involved in the aforesaid case 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. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.9.2022
Meenu
Digitally signed by MEENU SINGH Date: 2022.09.17 18:31:19 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for bail in a trial under the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986.
Whether the applicant's prior granting of bail in other related cases and lack of gang membership are relevant factors for bail in the present case.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Durga Pasi
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
