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

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

What the court decided

AI extract

Outcome

Applicant Sajir to be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, on conditions that: (1) the applicant shall not temper with the prosecution evidence; (2) the applicant shall not pressurize the prosecution witness; (3) the applicant shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant Sajir, involved in case crime no. 392 of 2021 under Section 2(3) of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, is entitled to be enlarged on bail.

Court's answer

Having regard to the submissions made but without commenting on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant shall be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the three conditions enumerated in the order.

Key takeaways

In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶14

Detailed headnote1 paragraphs

Bail granted — U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, S. 2(3) — Applicant Sajir, case crime no. 392 of 2021, P.S. Bhuta, District Bareilly — Gang chart showed one case against the applicant in which bail had already been granted; one further case in which he was also enlarged on bail; in jail since 9.12.2021 — Learned A.G.A. opposed the prayer but could not satisfactorily dispute the submissions from the record — Held, without commenting on merits, the applicant was entitled to be enlarged on bail on a personal bond and two local sureties each of the like amount, subject to conditions (no tampering with prosecution evidence; no pressure on prosecution witnesses; appearance on every date fixed by the trial court); on breach, the prosecution may move a bail cancellation application before this Court — CRIMINAL MISC. BAIL APPLICATION No. 5089 of 2022, decided 29.3.2022 (Vivek Varma, J.).

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5089 of 2022

Applicant :- Sajir Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned Counsel for the applicant and learned A.G.A. for the State.

It is contended that according to the gang chart one case has been shown against the applicant and in the said case he has been granted bail, photo copy of bail order has been annexed as Annexure-3 to the affidavit. Apart from the aforesaid case the applicant is involved in one case and in the said case also he has been enlarged on bail, photo copy of the bail order has been annexed as Annexure S.A.-2 to the supplementary affidavit. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 9.12.2021 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Perused the material on record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Sajir involved in case crime no.392 of 2021, under Section 2(3) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, P.S. Bhuta, District Bareilly be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

the applicant shall not temper with the prosecution evidence.

the applicant shall not pressurize the prosecution witness;

the applicant shall appear on each and every date fixed by the trial court.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 29.3.2022 S.S.

Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.30 18:04:05 IST Reason: Location: High Court of Judicature at Allahabad