The High Court granted bail to Sudhir Kashyap in a case under Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, relying on parity grounds and the absence of flight risk, imposing standard bail conditions.
Release on bail by personal bond of Rs. 50,000/- and two sureties in the like amount.
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Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31378 of 2022
Applicant :- Sudhir Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Saxena,Pritam Das Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 297 of 2022, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act 1986, Police Station Auraiya, District Auraiya.
Learned counsel for the applicant submits that in the gang-chart five cases have been mentioned against the applicant in which he has been enlarged on bail by the court below which have been explained in Paragraph- 5 of the affidavit. Apart from the cases mentioned in the gang-chart four more cases are against the applicant in which too he has been enlarged on bail. He further submits that co-accused Shailendra Kumar Pandit has been granted bail by co-ordinate Bench of this Court vide order dated 18.08.2022 in Criminal Misc. Bail Application No. 33629 of 2022, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 23.04.2022.
Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.
Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.
Let the applicant- Sudhir Kashyap be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-1834
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 26.9.2022
Israr
Digitally signed by ISRAR AHMAD Date: 2022.10.10 10:35:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant under Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Sudhir Kashyap
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
