Allowed

Saurabh Agarwal v. State of U.P.

Allahabad HC5 Aug 2022BAIL/31743/2022

Case brief

AI extract

What is this about?

Single bench bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. Court granted bail to the applicant, who was imbalanced in jail while co-accused had already been released, allowing release on personal bond and two sureties.

What did the court decide?

Application allowed; applicant released on bail on furnishing personal bond and two sureties subject to standard bail conditions.

Saurabh Agarwal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31743 of 2022

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Applicant :- Saurabh Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajesh Kumar Gautam, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 177 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station New Agra, District Agra during pendency of the trial in the Court below.

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The gang chart mentions a solitary case against the applicant namely Case Crime No. 808 of 2019, under Section 3/4 Gambling Act, in which the applicant has already been granted bail and a copy of the bail order dated 05.11.2019 has been annexed as Annexure No.3 to the affidavit filed in support of the bail application.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and is not involved in any criminal or anti social activities and that the provisions of Gangsters Act have wrongly been imposed upon him.

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The learned counsel for the applicant has submitted that the applicant is languishing in jail since 07.07.2022 whereas the coaccused persons namely; Ankush Agrawal Alias Ankush Mangal, Sanjay Kumar and Tarun Khanna have already been granted bail by co-ordinate Benches of this Court by means of orders dated 28.07.2022, 25.07.2022 and 20.07.2022 in Criminal Misc. Bail Application Nos. 31030 of 2022, 29453 of 2022 and 30808 of 2022, respectively and, therefore, the applicant is also entitled to be released on bail.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicant has already been granted bail in the solitary case mentioned in the gang chart and that he has no other criminal history as also the fact that other three co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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Let the applicant Saurabh Agarwal be released on bail in Case Crime No. 177 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 5.8.2022 Zafar

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Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.08.16 13:54:39 IST Reason: Location: High Court of Judicature at Allahabad

Saurabh Agarwal v. State of U.P.

Case brief

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Saurabh Agarwal v. State of U.P.

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