High Court allowed bail to the applicant accused under the Gangsters and Anti-Social Activities Act, 1986, noting parity with a co-accused already on bail and noting proceedings pending against the applicant.
Release on bail by furnishing a personal bond and two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58192 of 2022
Applicant :- Jitendra Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Sri Lakshman Tripathi, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned brief holder for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jitendra Nishad , with a prayer to release him on bail in Case Crime No. 97 of 2022, under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Paniyara, District- Maharajganj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the present case. The applicant is not a member of any gang. According to the gang chart, the applicant is said to have been involved in two criminal cases, namely (i) Case Crime No. 60 of 2020 u/s 392, 411, 120-B I.P.C., P.S.- Paniyara, District- Maharajganj and (ii) Case Crime No. 189 of 2018 u/s 302, 307, 34, 120-B I.P.C. and 3/25 of Arms Act, P.S.Paniyara, District- Maharajganj, in which he has already been enlarged on bail vide orders dated 07.01.2021 and 14.12.2018 passed by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 44254 of 2020 and 47658 of 2018 respectively. Copies of aforesaid bail orders have been brought on record as Annexure No.3 to the afÏdavit filed in support of the bail application. Apart from two cases shown in the gang chart, the applicant has criminal history of four cases explained in paragraph no. 8 to the afÏdavit filed in support of the bail application. It is further submitted that identically circumstanced coaccused, Purshottam, has been enlarged on bail by coordinate Bench of this Court vide order dated 21.10.2022 passed in Criminal Misc. Bail Application No. 45259 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 02.06.2022. 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 innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of 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 offence, the fact that co-accused similarly situate as the applicant has already been enlarged on bail by coordinate Bench of this Court, 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, Jitendra Nishad , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.12.2022/KS
Digitally signed by KISHAN SINHA Date: 2022.12.20 17:48:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail application filed under the Gangsters and Anti-Social Activities (Prevention) Act, 1986 should be allowed.
Whether the applicant is entitled to bail in view of parity with co-accused already enlarged on bail.
Jitendra Nishad
Surendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
