This single bench criminal bail application was allowed for the applicant Vasim charged under the U.P. Gangsters Act. The court deemed it a fit case for bail citing Dataram Singh, releasing the applicant on bond and sureties subject to standard conditions.
Allowed; applicant released on bail furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37045 of 2022
Applicant :- Vasim Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Mohd. Akbar Shah Alam Khan, Advocate holding brief of Sri Pavan Kumar Mishra, 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.64 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Sarsawa, District Saharanpur, during pendency of the trial in the Court below.
It has been submitted that the gang chart mentions two cases against the applicant in which the applicant has already been granted bail by the court below. It has further been submitted that except the cases shown in the gang chart, applicant has 7 cases criminal history which has been explained in paragraph nos. 10, 11, 12, 13 and 14 of the affidavit filed in support of bail application and in paragraph nos. 3 & 4 of the supplementary affidavit. It has further been submitted that applicant is languishing in jail since 18.01.2022.
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 Vasim 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 :- 19.9.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.20 17:36:48 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 proceedings under the U.P. Gangsters Act given his prior criminal history.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherExplained¶10
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Vasim
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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