The Allahabad High Court granted bail to Amitesh Kumar in a trial of the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986, noting his prior release in related proceedings and lack of flight risk.
Release of applicant on personal bond and two sureties conditioned against tampering with witnesses, seeking adjournments, or committing further crimes.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53297 of 2022
Applicant :- Amitesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Amitesh Kumar for grant of bail, in case Crime No. 13 of 2019, under Section 2/3 of Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Ecotech-I, District Gautam Budh Nagar, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been released on bail by the court below and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit in support of bail application. It is further submitted that co-accused namely, Mukesh Agrawal has already been enlarged on bail by a coordinate Bench of this Court vide order dated 5.10.2020 passed in Criminal Misc. Bail Application No. 29534 of 2020 and a copy of the bail order is also on record as Annexure No.5 to the affidavit.
It is next submitted that apart from the cases mentioned in the gang chart, the applicant is not involved in any other criminal case and in this case he is detained in prison since 04.10.2022 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant with regard to the fact that the applicant has been granted bail in those offences on the basis of which provisions of Gangsters Act were invoked.
Keeping in view the nature of the offence, evidence, complicity
of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Amitesh Kumar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.30 17:30:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has established a prima facie case for bail in a gangster case involving Sections 2 and 3 of the Uttar Pradesh Gangsters Act.
1 provisions across 1 enactments
Amitesh Kumar
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
