The High Court allowed bail to Ravi Gangawar in a case under the U.P. Gangster and Anti Social Activities Act, holding that he had made out a case for release, particularly as he was already on bail in a related gang chart case.
Release on bail with personal bond and two sureties subject to conditions not to tamper with evidence or commit further crimes.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25033 of 2022
Applicant :- Ravi Gangawar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Mishra 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 with a prayer to release the applicant on bail in Case Crime No. 72 of 2022, registered under Sections 3(1) of U.P. Gangster and Anti Social Activities Act, Police Station Milak, District Rampur during pendency of the trial.
Learned counsel for the applicant submitted that one case is shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the case shown in the gang chart which is annexed as Annexure 2 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 23.02.2022. In case, the applicant is released 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 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, Ravi Gangawar, 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 :- 24.6.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.06.24 15:57:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the U.P. Gangster and Anti Social Activities Act having already been granted bail in a related case shown in the gang chart.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
(2018) 3 SCC 22 · Who else cites this
Ravi Gangawar
Deepak Verma
As recorded by the court registry
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