In Criminal Misc. Bail Application No. 55740 of 2021, the Allahabad High Court enlarged an accused arrested under the U.P. Gangsters Act on bail, subject to furnishing a personal bond and two sureties, citing Article 21 and referring to Dataram Singh.
Released on bail with personal bond and two sureties in like amounts.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55740 of 2021
Applicant :- Sarukh Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath 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. and perused the record.
The accused- applicant (Sarukh) is involved in Case Crime No. 467 of 2021, under Section 2/3 of the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 registered at Police Station Sadar Bazar, District- Saharanpur.
As per the FIR which is appended at page no. 14 of the paperbook, the applicant is said to have been involved in four criminal cases registered as (1) Case Crime No. 361 of 2021, under Section 379, 411 of IPC, police station- Sadar Bazar, District- Saharanpur, (2) Case Crime No. 363 of 2021, under Sections 420, 465, 414, 411 of IPC Police Station- Sadar Bazar, District- Saharanpur (3) Case Crime No. 171 of 2021, under Sections 379, 411 of IPC Police Station-Kotwali Nagar, District-Saharanpur and (4) Case Crime No. 345 of 2021, under Sections 379, 411 of IPC, Police Station-Shamli DistrictShamli. It is claimed that the present accused-applicant is a member of gang who is indulged in anti-social activities and it is not appropriate for the applicant to wander in the society freely. Hence, the offence under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, has been slapped upon the applicant.
It is submitted by learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in four criminal cases which have been explained in paragraph no. 6 to the affidavit filed in support of the bail application. It is further submitted that the applicant has bee falsely implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 11.8.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. It is next submitted by learned AGA that four criminal cases are registered against the applicant and bail orders of only two cases have been annexed to the paper-book so it cannot be said that the applicant is on bail in all the four cases and in case the applicant is released on bail he will again indulge himself in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Learned counsel for the applicant has drawn the attention of this Court towards the bail order dated 3.12.2021, passed in Bail Application No. 4272 of 2021 by the lower court in which it is mentioned that the bail granted in all the cases shown in the gang-chart will not minimize the gravity of offence. However, in paragraph no. 6 of the affidavit it has also been mentioned that the applicant has been granted bail in all the four cases.
Having heard the submissions of learned counsel of both sides considering the nature of accusation 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, Sarukh , 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 of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 2.3.2022 S.K.
Digitally signed by SWEETY KANOJIA Date: 2022.03.04 13:07:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible to be released on bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶11
(2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Sarukh
Sadhna Rani
As recorded by the court registry
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Sadhna Rani
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