In a bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, the High Court allowed bail to the applicant, holding that a case for bail was made out based on the facts and circumstances presented, subject to standard conditions.
Release on bail on personal bond and two sureties subject to standard bail conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40615 of 2022
Applicant :- Ravi Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 148 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhelpur, Commissionerate-Varanasi with the prayer to enlarge the applicant on bail.
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, three cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-3 & 4 to the bail application. Apart from it, it is stated that applicant has no criminal history in his credit. It is further submitted that applicant is languishing in jail since 27.09.2021 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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.
Let the applicant Ravi Kumar in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(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.
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 :- 27.9.2022 Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.29 10:47:42 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant made out a prima facie case for bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Ravi Kumar
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
