Court allowed bail in a criminal application filed under the U.P. Gangsters and Anti-social Activities Prevention Act 1986. Applicant, already in jail, submitted affidavits and supported testimony from counsel that he is innocent and not a gang leader.
Release on bail by furnishing a personal bond and two sureties each in like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29813 of 2022
Applicant :- Suraj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh Sengar,Ram Kumar Tiwari,Sabhajeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant Suraj Yadav with a prayer to release him in Case Crime No.78 of 2022, under section 2, 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Sukhpura, District Ballia, during pendency of the trial.
Under the Gangsters Act, 10 cases are registered against the applicant. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Some of the allegations are of the year 2015, 2016 & 2017. Applicant has been granted bail in all the cases and bail orders are annexed with the bail application. He next contended that the applicant is neither involved in any anti-social activities nor a leader of any gang. The applicant is in jail since 15.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate 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 larger mandate of the Article 21 of the Constitution of India, 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, Suraj Yadav, who is 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 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 :- 12.12.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.12.12 17:35:31 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for release on bail.
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, passed in S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Suraj Yadav
Deepak Verma
Surjit Kumar Dey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
