High Court allowed bail to the accused applicant Sundar involved in Crime No. 70 of 2022 under the UP Gangsters Act after considering factors like fake implication and prior bail history while prescribing standard conditions. Quality: thin
Release on bail by furnishing personal bond and two sureties each in the like amount subject to specified conditions.
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Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38545 of 2022
Applicant :- Sundar Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Sundar for grant of bail, in case Crime No.70 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Pisava, District Aligarh, during trial.
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 single case mentioned in the gang chart. However, in single case mentioned in the gang chart, the applicant has been enlarged on bail by the court below and a copy of the bail order is also placed on record as Annexure no.2 to the affidavit in support of bail application. He further submits that co-accused persons namely Rohit @ Rohit Chaudhary has already been enlarged by a coordinate Benche of this Court vide order dated 11.8.2022 passed in Criminal Misc. Bail Application No. 32686 of 2022. It is further submitted that apart from the cases mentioned in the gang chart, the applicant has criminal history of five cases and in four cases he has been enlarged on bail and in one case final report has been submitted in favour of the applicant and copies of the bail order have been annexed as annexure No.SA-2 to SA-6 to the supplementary affidavit. It is next submitted that applicant is detained in prison since 06.08.2022 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
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.
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 considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Sundar 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 :-
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.
Order Date :- 31.10.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.01 10:21:08 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the accused applicant is entitled to bail under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Sundar
State of U.P.
Shiv Shanker Prasad
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
