Allowed

Sagar v. State of U.P.

Allahabad HC18 Feb 2022BAIL/5308/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to Sagar in a case under the U.P. Gangster Act. The court relied on the fact that the applicant had already been granted bail in a related gang chart case and co-accused were also on bail, granting release on personal and surety bonds with specific conditions to appear in court.

What did the court decide?

Release on bail by furnishing personal bond and two local sureties of like amount subject to specified conditions.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5308 of 2022

¶3

Applicant :- Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Chandra Srivastava,Priyavrat Tripathi

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Ravi Chandra Srivastava, learned counsel for the applicant, Shri Vijay Pal, learned A.G.A. for the State and perused the material on record.

¶7

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 330 of 2021, under Section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Mirzapur, District Saharanpur.

¶8

The contention of learned counsel for applicant is that in the gang chart, sole case has been shown against the applicant in which he has already been enlarged on bail by means of an order dated 16.11.2021 passed by the learned Sessions Judge, Saharanpur in Bail Application No. 4313 of 2021.

¶9

It is further submitted that co-accused Rizwan and Jamshed have already been granted bail by this Court in Crl. Misc. Bail Application Nos.3684 of 2022 and 1491 of 2022 vide orders dated 14.02.2022 and 02.02.2022 respectively.

¶10

It is next contended that the applicant is in jail since 11.12.2021 and in case he is enlarged on bail, he will not misuse the said liberty.

¶11

Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

¶12

Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicant has already been enlarged on bail in the case shown in the gang chart, I am of the view that the applicant is also entitled for bail and accordingly the bail application is allowed.

¶13

Let the applicant Sagar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶14

(i) the applicant shall not tamper with the prosecution evidence;

¶15

(ii) the applicant shall not pressurize the prosecution witnesses;

¶16

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

¶17

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

¶18

Order Date :- 18.2.2022 Ashish Pd.

¶19

Digitally signed by ASHISH PRASAD Date: 2022.02.18 17:45:54 IST Reason: Location: High Court of Judicature at Allahabad

Sagar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sagar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay Vs State of U.P.

Mahesh Vs State of U.P.

Kaptan Singh Vs State of U.P.

Mahendra Vs State of U.P.

Himanshu Chaudhary @ Cheeni Vs State of U.P. through Home Secretary,Govt of Up

Shanu @ Shan Mohammad @ Masroor Vs State of U.P.