The Court allowed the bail application filed by an applicant in a case u/s 2/3 UP Gangsters Act. The judgment finds the accusation vague, finds no prima facie risk of tampering or absconding, and notes bail was granted in all predicate offences.
Release of the applicant on bail on furnishing a personal bond and two sureties subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51226 of 2022
Applicant :- Sabir Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
aforesaid law, what prima facie appears at this stage is that there is merely a vague accusation that the applicant is a member of a gang, without any particulars of any act committed by him. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. There is nothing on record which may indicate that the applicant is in a position to tamper with the evidence or influence the witnesses or which may give rise to a reasonable apprehension of threat to the witnesses or to give rise to a reasonable apprehension that the applicant will abscond and will not face the trial.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the dates fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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.
Order Date :- 6.12.2022
Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.12.07 18:51:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case under the UP Gangsters Act given the vague nature of the accusation.
Whether the grant of bail would affect the public interest given that the applicant has already been granted bail in all prior related cases.
1 provisions across 1 enactments
Sabir
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
