Allowed

Pradeep Rathi v. State of U.P.

Allahabad HC25 Nov 2022BAIL/38008/2022

Case brief

AI extract

What is this about?

The Court allowed an application for bail filed by Pradeep Rathi, who was detained for a triangle offence under the Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986. Bail was granted contingent upon furnishing a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties each in a like amount, subject to specific conditions.

Pradeep Rathi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38008 of 2022

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Applicant :- Pradeep Rathi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Pradeep Rathi for grant of bail, in Case Crime No.287 of 2021, under Section 2/3 of Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Binauli, District Baghpat, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in two cases mentioned in the gang chart. However, in both the cases mentioned in the gang chart, the applicant has been acquitted or enlarged on bail by competent Courts and copies of the acquittal/ bail orders are also placed on record as Annexure no.3 and 4 to the affidavit in support of bail application. He further submits that co-accused Ashish has already been enlarged by a coordinate Bench of this Court vide order dated 17.10.2022 passed in Criminal Misc. Bail Application No.43598 of 2022. It is next submitted that the applicant is detained in prison since 08.09.2021 and there is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the

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considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Pradeep Rathi involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 25.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.29 14:27:17 IST Reason: Location: High Court of Judicature at Allahabad

Pradeep Rathi v. State of U.P.

Case brief

What is this about?

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Pradeep Rathi v. State of U.P.

Case brief

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