Allowed

Srawan Kumar Patwa v. State of U.P.

Allahabad HC14 Sept 2022BAIL/35810/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, the Court released the applicant on bond and sureties. The Court referred to Apex Court precedent and found a prima facie case for bail without deciding the merits.

What did the court decide?

The applicant Srawan Kumar Patwa was released on bail by furnishing a personal bond and two local sureties under specified conditions.

Srawan Kumar Patwa Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35810 of 2022

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Applicant :- Srawan Kumar Patwa Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Shukla,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 50 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Purani Basti, District Basti with the prayer to enlarge the applicant on bail.

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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, two cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-3 and 4 to the bail application. It is submitted that applicant has criminal history of 16 more cases other than the case shown in gang chart which are duly explained in para 10 to 21 of the bail application as well as para 3 of the supplementary affidavit. It is further submitted that applicant is languishing in jail since 02.05.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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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 aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , 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.

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Let the applicant Srawan Kumar Patwa 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:

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

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(2). The applicant will not influence any witness.

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

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(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.

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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 :- 14.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.15 11:13:05 IST Reason: Location: High Court of Judicature at Allahabad

Srawan Kumar Patwa v. State of U.P.

Case brief

What is this about?

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Srawan Kumar Patwa v. State of U.P.

Case brief

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