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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Sanket Kumar in Case Crime No. 157 of 2022 (Ss. 2/3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Madrak, District Aligarh) on furnishing a personal bond and two sureties each in the like amount, subject to conditions barring tampering with evidence, influencing witnesses, non-appearance before the trial court, and inducement/threat/promise to witnesses; prosecution may seek cancellation of bail upon breach.

Issue for consideration

Whether the applicant, Sanket Kumar, should be released on bail in Case Crime No. 157 of 2022 under Section 2/3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (P.S. Madrak, District Aligarh), during pendency of the trial.

Court's answer

Keeping in view the facts and circumstances of the case (including that bail had already been granted in the two gang-chart cases, that the applicant had no other criminal history, and that the Additional Government Advocate could not dispute these aspects), the court found it to be a fit case for grant of bail to the applicant.

Ratio / Principle

The instant bail application was allowed, expressly without making any observation on the merits of the case.

Key takeaways

The applicant was directed 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: (i) no tampering with evidence during trial; (ii) no influencing any witness; (iii) appearance before the trial court on fixed dates unless personal presence is exempted; (iv) no direct or indirect inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or to tamper with evidence. Upon breach of any condition, the prosecution is at liberty to move this Court for cancellation of bail.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Mayank Kumar Jain, J.) allowed a Criminal Misc. Bail Application and ordered the release of the applicant, Sanket Kumar, on bail in Case Crime No. 157 of 2022, registered under Section 2/3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, at Police Station Madrak, District Aligarh, during the pendency of trial. Basis: the gang chart listed only two cases against the applicant, in both of which bail had already been granted; he had no other criminal history; and he had been in jail since 04.08.2022 — facts the learned Additional Government Advocate opposed but could not dispute. Bail was granted on a personal bond with two sureties each in the like amount, subject to conditions (no tampering with evidence, no influencing witnesses, appearance before the trial court unless exempted, and no inducement, threat or promise to dissuade disclosure), with liberty to the prosecution to apply for cancellation on any breach. The Court made no observation on the merits of the case. Order dated 10.10.2022.

Court No. - 82

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40417 of 2022

Applicant :- Sanket Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Heard Sri Ravi Pandey, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 157 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Madrak, District Aligarh, during pendency of the trial in the Court below.

It has been submitted that the gang chart mentions two cases against the applicant in which the applicant has already been granted bail. It has further been submitted that except the cases shown in the gang chart, the applicant has no criminal history. It has further been submitted that applicant is languishing in jail since 04.08.2022.

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.

Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

Let the applicant Sanket Kumar be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date

fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make 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.

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.

Order Date :- 10.10.2022 v.k.updh.

Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.10.11 13:59:49 IST Reason: Location: High Court of Judicature at Allahabad