The Allahabad High Court allowed a bail application filed by Bittu Jaysawal accused under the U.P. Gangster Prevention Act. The Court granted bail citing parity with a co-accused already released and specific statutory provisions, imposing several conditions for release.
Applicant to be released on bail upon executing personal bond and furnishing two sureties.
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Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57905 of 2022
Applicant :- Bittu Jaysawal Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kirshna Yadav Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Shri R.K.Yadav, learned counsel for the applicant learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Bittu Jaysawal, with a prayer to release him on bail in Case Crime No. 501 of 2022, under Section 2/3 of U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station- Kotwali, District- Ballia, during pendency of trial.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in one substantive offence mentioned in the gang chart annexed as Annexure SA-1 to the supplementary affidavit. It is next argued that the applicant has been admitted to bail in the substantive offence. Relevant bail order passed by the court below has been annexed as Annexure no.2 to the affidavit filed in support of the bail application. It is also submitted that the applicant has no criminal antecedents. It is further submitted that co-accused Sunil Chaudhari, identically circumstanced as the applicant, has been enlarged on bail by a co-ordinate bench of this Court vide order dated 23.11.2022 passed in Criminal Misc. Bail Application No.51753 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 17.10.2022 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offences, the fact that other similarly situate co-accused, has already been enlarged on
bail, and taking note of Section 19(4)(b) of the Gangsters Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.
The bail application, accordingly, stands allowed.
Let the applicant, Bittu Jaysawal, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.12.2022 Pratima
Digitally signed by PRATIMA AGRAHARI Date: 2022.12.19 17:28:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail despite being accused in a case under the U.P. Gangster and Antisocial Activities (Prevention) Act.
Whether the release of the applicant on bail is warranted given that a co-accused in identical circumstances has been granted bail.
6 provisions across 3 enactments
Bittu Jaysawal
State of U.P.
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
