Allowed

Sameer v. State of Up through Secretary Home

Allahabad HC11 Apr 2022BAIL/4282/2022

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a bail application filed by Sameer under the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986. The Court granted bail, subject to conditions including furnishing sureties and obtaining identity verification. This order does not pre-judge the merits of the case.

What did the court decide?

Released on bail furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Sameer Vs State of Up through Secretary Home — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4282 of 2022

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Applicant :- Sameer Opposite Party :- State Of Up Through Secretary Home Counsel for Applicant :- Sanjay Kumar Yadav,Shri Ram Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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The accused- applicant Sameer is involved in Case Crime No.382 of 2021, under Section 3(1) U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Jeanpur, District- Azamgarh.

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Learned counsel for the applicant submits that in the gang chart only one case is shown against the applicant and in that case, he is on bail. Apart from one case shown in the gang chart, the applicant has criminal history of one more case and in that case also, he is on bail. The copies of bail orders are appended with the paper book and supplementary affidavit. He is languishing in jail since 23.08.2021 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for.

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Learned A.G.A. has opposed the bail application but could not contradict the facts mentioned by the learned counsel for the applicant.

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Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Sameer , who is involved in 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 subject to following conditions:-

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The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge himself in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 11.4.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.04.12 15:55:27 IST Reason: Location: High Court of Judicature at Allahabad

Sameer v. State of Up through Secretary Home

Case brief

What is this about?

What did the court decide?

Sameer v. State of Up through Secretary Home

Case brief

What is this about?

What did the court decide?

What the court decided

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