Patna High Court Court No. 82 allowed a bail application under the U.P. Gangsters Act, referencing apex court precedent to find it a fit case for release upon personal bond and sureties.
Release of applicant on bail with personal bond and two sureties, subject to conditions not to tamper with evidence or influence witnesses.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32177 of 2022
Applicant :- Mohd. Danish Opposite Party :- State of U.P. Counsel for Applicant :- Amarendra Rai Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard Sri Rohit Singh, Advocate holding brief of Sri Amarendra Rai, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 169 of 2022, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Didarganj, District Azamgarh, during pendency of the trial in the Court below.
It has been submitted that the gang chart mentions one case against the applicant in which the applicant has already been granted bail by this court, copy whereof has been annexed as Annexure No.3 to the bail application. It has further been submitted that except the case shown in the gang chart, the applicant has no previous criminal history and he is languishing in jail since 28.06.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.
Keeping in view the aforesaid facts and circumstances of the case and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicant Mohd. Danish be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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 an application before this Court seeking cancellation of the bail.
Order Date :- 15.9.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.15 17:34:19 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Section 3(1) of the U.P. Gangsters Act.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mohd. Danish
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Mayank Kumar Jain
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