This bail application was allowed for applicants accused under U.P. Gangsters Act, citing past bail grants, lack of gang membership, and high docket pendency.
Release on bail on personal bond subject to four conditions including no tampering with evidence and no criminal activity.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35900 of 2022
Applicant :- Devendra @ Bunty And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants , learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants Devendra @ Bunty & Jeetesh @ Kale with a prayer to release them on bail in Case Crime No.148 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Mandawar, District Bijnor, during pendency of the trial.
It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in two criminal cases in which they have already been enlarged on bail by the court concerned. He next argued that case registered under the Arms Act has also been included in the gang chart. Except cases shown in the gang chart, applicants are not involved in any other criminal case. They are not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicants are languishing in jail since 28.06.2022 and in case they are enlarged on bail they will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Devendra @ Bunty & Jeetesh @ Kale be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.8.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.08.24 10:16:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Devendra @ Bunty
Jeetesh @ Kale
State of U.P.
Deepak Verma
As recorded by the court registry
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