This single-paragraph order grants bail to Gopal Sarswat in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act based on his counsel's submissions regarding false implication and lack of gang association.
Applicant released on bail on a personal bond and two sureties.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6839 of 2022
Applicant :- Gopal Sarswat Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Neeraj Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 122 of 2021 at Police Station Sadar District Mathura under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 13.04.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (Gangsters Act), Mathura on 24.12.2021.
Shri Vikrant Neeraj, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in all the three criminal cases depicted in the gang chart. He is not a member of any criminal gang.
Explaining the criminal history of the applicant, learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish
their professional credentials.The applicant has been enlarged in most of the criminal cases.The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not depict the commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk.
Shri I. P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application/supplementary affidavit.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Gopal Sarswat be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 19.4.2022
Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.24 14:22:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the case under the U.P. Gangsters and Anti Social Activities (Prevention) Act.
Gopal Sarswat
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
