Allowed¶10

Gyanchand v. State of U.P.

Allahabad HC21 Sept 2022BAIL/40408/2022

Case brief

AI extract

What is this about?

Bail granted under U.P. Gangsters Act S.2/3; Case Crime No. 234 of 2022, P.S. Ujhani, District Budaun; parity point re co-accused Manoj Kumar (bail order dt. 4.8.2022 in Crim. Misc. Bail Appn. No. 32406 of 2022); gang-chart cases already bailed; custody since 16.8.2022; bail conditions incl. no tampering, no adjournments, no fresh crime; Allahabad High Court; decided 21.9.2022.

What did the court decide?

Bail granted: release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, and abstention from criminal activity; breach to be a ground for cancellation of bail. ¶10

Gyanchand Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Gyanchand should be admitted to bail in Case Crime No. 234 of 2022 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ujhani, District Budaun, during the pendency of trial.

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Court's answer

Considering the submissions of learned counsel of both sides, nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge and the reformative theory of punishment, and without expressing any view on the merits of the case, the Court found it to be a case of bail.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he shall not tamper with prosecution evidence or intimidate/pressurize witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity; breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties is to be verified before the bonds are accepted.

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Detailed headnote1 paragraphs

Allahabad High Court (Mohd. Azhar Husain Idrisi, J.), Order dated 21.9.2022 in Criminal Misc. Bail Application No. 40408 of 2022 — bail allowed to Gyanchand, arraigned in Case Crime No. 234 of 2022 under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Ujhani, District Budaun, during pendency of trial. Counsel argued the applicant was innocent, that the two gang-chart cases and one further case had already resulted in bail, that co-accused Manoj Kumar had been granted bail by a co-ordinate Bench on 4.8.2022 in Criminal Misc. Bail Application No. 32406 of 2022, and that the applicant was in jail since 16.8.2022; the learned AGA opposed but could not dispute these facts. Without expressing any view on merits, and weighing the nature of accusation, severity of punishment, supporting evidence, prima facie satisfaction and reformative theory, the Court directed release on a personal bond with two sureties each in the like amount, conditioned on non-tampering with evidence, sincere cooperation in trial and abstention from criminal activity, breach being a ground for cancellation.

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40408 of 2022

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Applicant :- Gyanchand Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 234 of 2022, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ujhani, District Budaun, during the pendency of trial.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case. He further submits that there is two cases depicted in the gang chart against the applicant wherein he has been enlarged on bail. Apart from the cases mentioned in the gang chart, the applicant is involved in one case also, in which he is on bail. The bail order has been annexed along with this bail application and the same has also been explained in para 7 & 8 of the bail application. It is pointed out that co-accused Manoj Kumar has already been granted bail by the co-ordinate Bench of this Court vide order dated 4.8.2022 passed in Criminal Misc. Bail Application No. 32406 of 2022. He also submits that the applicant is law abiding citizen and he was never involved in committing the aforesaid offence. He lastly submits that the applicant is not a member or leader of any gang and he is languishing in jail since 16.8.2022. In case, the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the bail application but could not dispute the aforesaid fact.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Ghyanchand involved in aforesaid crime be released on bail on 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 :- 21.9.2022 M. Tarik

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Digitally signed by MOHD TARIK Date: 2022.09.26 10:38:10 IST Reason: Location: High Court of Judicature at Allahabad

Gyanchand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gyanchand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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