The High Court allowed a bail application filed in a case under the U.P. Gangster Act. The court granted bail subject to strict conditions regarding attendance and conduct, emphasizing the severity of the charges.
Release of the applicant on bail by furnishing a personal bond and two local sureties subject to specific conditions.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57114 of 2022
Applicant :- Abhishek Kharwar @ Golu Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The present bail application has been filed by the applicant- Abhishek Kharwar @ Golu with a prayer to enlarge him on bail in Case Crime No. 703 of 2022, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station - Kotwali, District - Deoria during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart, only one case has been shown against the applicant. It has further been argued by the learned counsel for the applicant that the applicant has already been enlarged on bail in the case shown in the gang chart and copy of the bail order has been enclosed as Annexure No. 3 to the bail application. Apart from the aforesaid case mentioned in the gang chart the applicant has criminal history of one case, which has been explained in para9 of the affidavit filed in support of bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 07.10.2022.
Per contra learned AGA has opposed the bail prayer of the applicant but he could not dispute the factual submissions as argued by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused under the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, material/evidence brought on record, complicity of the accused,
severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant 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:-
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 14.12.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.15 13:48:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
Abhishek Kharwar @ Golu
State of U.P.
Shiv Shanker Prasad
SK Srivastava
As recorded by the court registry
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