Shiv Balak Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Shiv Balak Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Shiv Balak to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without seeking adjournments; no indulgence in criminal activity after release), with sureties to be verified before issuance of the release order; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Shiv Balak, arraigned in Case Crime No.230 of 2021 under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Suriyawan, District Bhadohi, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, the submissions of learned counsel for the parties, the nature of offence, evidence and complicity of the accused, and without expressing any opinion on the merits, and keeping in view the mandate laid down by the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, the applicant has made out a case for bail.

Ratio / Principle

The applicant Shiv Balak is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; the sureties are to be verified before the release order is issued.

Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurizing witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.) allowed the bail application of Shiv Balak in Case Crime No.230 of 2021 under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Suriyawan, District Bhadohi. Per the gang chart the applicant was shown involved in only one case, in which he had already been enlarged on bail by this Court; he was in jail since 06.10.2021 and was not a previous convict. Keeping in view the mandate of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on the merits, the Court directed release on furnishing a personal bond and two sureties each in the like amount, subject to conditions barring tampering with evidence, witness intimidation, non-cooperation in trial and further criminal activity, breach of which would be a ground for cancellation of bail.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24856 of 2022

Applicant :- Shiv Balak Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh,Amit Kumar Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, 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.230 of 2021, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Suriyawan, District Bhadohi, during pendency of the trial.

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by this Court, copy of the bail order is annexed as Annexure-2 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 06.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. has opposed the bail prayer of 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 mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Shiv Balak 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.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 23.6.2022 Meenu

Digitally signed by MEENU SINGH Date: 2022.06.24 10:59:25 IST Reason: Location: High Court of Judicature at Allahabad