Allowed

Anil Rajbhar v. State of U.P.

Allahabad HC13 Sept 2022BAIL/37890/2022

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 was decided. The single judge referred to the Apex Court in Dataram Singh and held that the applicant had made out a case for bail by submitting he was falsely implicated and was already on bail in another case. The application was allowed with conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties to the satisfaction of the court.

Anil Rajbhar Vs State of U.P. — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37890 of 2022

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Applicant :- Anil Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed today is taken on record.

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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. 199 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Rampur Karkhana, District Deoria 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, only one case has been shown against applicant, in which, he is already on bail, copy of which has been annexed as annexure-3 to the bail application. Apart from it, it is mentioned in the supplementary affidavit that in another case relating to Crime No.175 of 2022 under Section 60 of Excise Act, Police Station Rampur Karkhana, District Deoria, applicant has granted bail by the police itself. It is further submitted that applicant is languishing in jail since 19.07.2022 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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Learned A.G.A. has opposed the prayer for bail.

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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 Anil Rajbhar 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 :- 13.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.13 17:43:04 IST Reason: Location: High Court of Judicature at Allahabad

Anil Rajbhar v. State of U.P.

Case brief

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Anil Rajbhar v. State of U.P.

Case brief

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