Single judge court granted bail to the applicant charged under the U.P. Gangster Act. Release permitted on personal bond and sureties subject to standard conditions and verification.
Released on bail on furnishing a personal bond and two sureties in the like amount subject to conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48050 of 2021
Applicant :- Sunil Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.164 of 2021, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Etawah.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is further contended that applicant is already enlarged on bail in two criminal cases i.e. Case Crime No. 677 of 2020, under Section 392, 411 I.P.C. and Case Crime No. 681 of 2020, under Section 307 I.P.C. in which his implication has formed the basis for lodgement of F.I.R. under the Gangster Act. The criminal history is also explained in para 9 of the affidavit as per which in previous three cases also the applicant has been enlarged on bail. It is also pointed out that offence under Section 307 was a case of no injury and the F.I.R. was lodged by police. Submission is that after the applicant was arrested in one case he has been implicated in other cases and the applicant is otherwise neither a member of gang nor any organised gang activity is being undertaken by him. The applicant is in jail since 27.09.2021. It is also contended that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. It is next contended that the trial is not likely to be concluded shortly on account of COVID19 Pandemic.
Learned A.G.A. opposes the bail application.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant- Sunil Rajpoot 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 magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 9.2.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.02.10 12:14:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail having been implicated under Section 3(1) of U.P. Gangster Act.
Sunil Rajpoot
Ashwani Kumar Mishra
Abhishek Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
