This Court allowed a bail application filed by Mustaqeem in a case under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, subject to furnishing a personal bond and two sureties, citing Article 21 and principles from Dataram Singh.
Relief: Release of the applicant on bail upon furnishing a personal bond and two sureties.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55130 of 2021
Applicant :- Mustaqeem Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad,Shujauddin Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The accused- applicant, Mustaqeem is involved in Case Crime No.161 of 2021, under Section 3(1) U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Azim Nagar, District- Rampur.
Learned counsel for the applicant submits that in the gang chart only one case is shown against the applicant and in that case, he is on bail. Apart from one case shown in the gang chart, the applicant has criminal history of ten more cases. The copies of the six bail orders are appended with the paper book. Regarding, Case Crime No. 746 of 2011, it is said that the applicant is not involved in that case. The copies of rest bail orders are produced before the Court. He is languishing in jail since 07.06.2021 and in case he is enlarged on bail he will not misuse the liberty of bail. Hence, bail has been prayed for.
Per contra learned A.G.A. has opposed the bail application but could not contradict the facts mentioned above.
Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Mustaqeem , who is involved in 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 subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.4.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.04.16 12:15:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is grantable to an accused in a case under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, after prima facie satisfaction of the charge.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mustaqeem
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
