Bail granted in a case under the Uttar Pradesh Gangsters and Anti-Social Activities Act based on facts, circumstances, nature of allegation, gravity of offence, severity of punishment, and fact that co-accused has already been released on bail.
Applicant released on bail on executing personal bond and furnishing two sureties.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37831 of 2022
Applicant :- Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Sri Deepak Rana, learned counsel for the applicant and Sri Sunil Kumar Tripathi, learned A.G.A. appearing for the State.
This is an application for bail on behalf of the applicant, Sameer, in connection with Case Crime No. 354 of 2022, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kaushambi, District Ghaziabad.
It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person and he has been falsely implicated in the present case. It has been submitted that in the gang chart, seven cases have been shown to be registered against the applicant accused Sameer in which one criminal case, crime no. 629 of 2021 under Section 392 IPC P.S.Kaushambi, District Ghaziabad has wrongly been mentioned. The applicant accused has not been taken into custody in this criminal case. Apart from the aforesaid wrongly mentioned case, the applicant accused has been enlarged on bail in remaining six criminal cases. It has further been submitted that co-accused Kasif has already been granted bail by the coordinate Bench of this Court vide order dated 12.10.2022 passed in Criminal Misc. Bail Application Nos. 35827 of 2022. In the last, it is submitted that the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 20.06.2022.
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.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offence, the fact that co-
accused similarly situate as the applicant has already been enlarged on bail, and taking note of Section 19(4)(b) of the Gangsters Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed.
Let the applicant, Sameer, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
Order Date :- 9.11.2022 Pratima
Digitally signed by PRATIMA AGRAHARI Date: 2022.11.09 17:38:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is available to the applicant in light of the gravity of the offence and conduct of co-accused.
2 provisions across 1 enactments
Sameer
State of U.P.
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
