This judgment allows bail for the applicant accused under U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The court held that the applicant made out a case for bail without expressing a final opinion on the merits of the case.
Application for bail allowed; release on bond with two local sureties subject to standard conditions.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34720 of 2022
Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 29 of 2022, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Dauki, District Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, four cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-3 to the bail application. It is further submitted that applicant is languishing in jail since 16.02.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jitendra in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant shall not directly or indirectly make any 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 :- 18.8.2022 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.08.22 10:57:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the applicant is innocent and falsely implicated in the crime.
1 provisions across 1 enactments
Jitendra
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
