This bail application under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 was allowed. The High Court granted bail with personal bond and two sureties, imposing conditions to prevent tampering with evidence and unlawful activities.
Release on bail with personal bond and two sureties in like amount with conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24820 of 2022
Applicant :- Rajendra Sharma @ Lala Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.19 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Madhogarh, District Jalaun, with the prayer to enlarge him on bail.
Learned counsel for the applicant submits that though the applicant is in jail pursuant to impugned FIR under the Gangster Act w.e.f. 4.2.2022 but he otherwise is incarcerated in jail for other offences w.e.f. 30.10.2021, in which he has already been enlarged on bail. He further submits that as per the gang chart the applicant is also named in two cases namely Case Crime No.187 of 2021, under Section 395, 412, 201, 427 I.P.C. and Case Crime No.188 of 2021, under Section 307 I.P.C. However, in both the cases mentioned in the gang chart he has been released on bail by the competent court. The applicant is in jail since 04.02.2022 and the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned AGA has opposed the prayer made in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Rajendra Sharma @ Lala involved in 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, with the following conditions, which are being imposed in the interest of justice:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.6.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.06.28 10:42:20 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is a fit case for bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Rajendra Sharma @ Lala
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
