In a bail application under the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, the court allowed the applicant's release on bond and two sureties, finding the applicant had made out a case for bail.
Released on bail by furnishing a personal bond and two sureties subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36474 of 2022
Applicant :- Jitu @ Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Gautam Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard Mohd. Shamim, Advocate holding brief of Shri Gautam, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant i.e. Case Crime No. 279 of 2021, under Sections 392, 411, 413 I.P.C, Police Station Kotwali Jalaun, District Jalaun and Case Crime No. 209 of 2021, under Sections 394, 411 I.P.C., Police Station Kalpi, District Jalaun and in which cases he is already on bail, the bail orders are annexed as Annexure no. 3 to the affidavit filed in support of bail application. He further submits that co-accused Amit Singh @ Lallan @ Digvijay @ Kailas has been granted by co-ordinate Bench of this Court vide order dated 11.04.2022 passed in Criminal Misc. Bail Application No. 13912 of 2022 and the case of the applicant stands on similar footing. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available. The applicant has no criminal history. Applicant is languishing in jail since 04.02.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but does not dispute the aforesaid fact.
Having heard learned counsel for the parties, it is evident that the provision of Gangster Act has been invoked against the applicant on the basis of two criminal cases. However, applicant has been released on bail in the aforesaid cases. Learned A.G.A. has not produced any material to demonstrate that the applicant comes within the definition of "Gangster" and "Gang" under
U.P. Gangsters and Antisocial Activities (Prevention ) Act, 1986. Mere pendency of criminal case may not ipso facto invoke provisions of U.P. Act No.7 of 1986. Criminal history of the applicant has been adequately explained.
Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the 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 Jitu @ Jitendra involved in Case Crime No.23 of 2022, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Jalaun, District Jalaun be released on bail 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:-
5 . 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 or 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 bail cancellation application before this Court.
Order Date :- 26.9.2022 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2022.09.27 14:40:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the present bail application where the Gangster Act has been invoked against him.
1 provisions across 1 enactments
Jitu @ Jitendra
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
