Allowed

Sartaj v. State of U.P.

Allahabad HC10 Oct 2022BAIL/43437/2022

Case brief

AI extract

What is this about?

Court allowed bail application of Sartaj accused under U.P. Gangster and Anti-Social Activities Act, granting release on personal bond and two heavy sureties subject to strict conditions preventing tampering with evidence or intimidation of witnesses, while refusing to form opinion on merits based on entitlement in another States case.

What did the court decide?

Released on personal bond and two heavy sureties subject to verification of sureties and adherence to conditions regarding non-tampering with evidence and prohibition of intimidation of witnesses.

Sartaj Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43437 of 2022

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Applicant :- Sartaj Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Kant Rai Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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

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It is submitted by learned counsel for the applicant that the applicant is on bail in both the cases shown against him in the gang chart. The applicant has been falsely implicated in the present case due to ulterior motive and on the basis of false facts. There is no reliable evidence against him. It is further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail.

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It has been submitted that in the gang chart, only two cases have been shown against the applicant in which he has been granted bail. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the 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.

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Let the applicant Sartaj involved in Case Crime No.279 of 2022 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Neuria, District - Pilibhit be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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 or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.

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Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.

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Order Date :- 10.10.2022 ss

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Digitally signed by SANDEEP SHARMA Date: 2022.10.11 18:29:48 IST Reason: Location: High Court of Judicature at Allahabad

Sartaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sartaj v. State of U.P.

Case brief

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