Allowed

Shanu v. State of U.P.

Allahabad HC21 Mar 2022BAIL/771/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of an accused (Shanu) charged under the U.P. Gangsters Act. The Court noted the accused had been released on bail in prior cases mentioned in the gang chart and granted bail with specific conditions to prevent tampering with evidence and ensuring cooperation in trial.

What did the court decide?

Accused released on bail on furnishing a personal bond with two sureties subject to conditions of not tampering with witnesses and not committing new crimes.

Shanu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 771 of 2022

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Applicant :- Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare,Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed by the applicant is taken on record.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved on behalf of the accusedapplicant/ Shanu for grant of bail, in Case Crime No. 503 of 2021, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Rath, District Hamirpur, during pendency of trial.

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Learned counsel for accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in the instant case as well as in the six criminal cases mentioned in the gang chart, however, in all these six criminal cases mentioned in the gang chart he has been released on bail by competent criminal courts.

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It is further submitted that apart from the above mentioned six criminal cases, the applicant is not involved in any other criminal case and is in jail in this matter since 30.09.2021. Charge-sheet in this case has already been filed and the provisions of Gangster Act has been invoked against the applicant without making any further enquiry only on the basis of the cases mentioned in the gang chart and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

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Learned A.G.A. on the other hand submits that the applicant has committed heinous offence and, therefore, he is not entitled to be released on bail, but could not confront the submissions of learned counsel for the applicant with regard to the fact that in all the cases mentioned in the gang chart the applicant has been

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released on bail and he is not having any criminal case except those mentioned in the gang chart.

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Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangster Act has been invoked against the applicant only on the basis of six cases mentioned in the gang chart, however, in all these cases the applicant has been released on bail. Apart from those cases, which has been mentioned in the gang chart, the applicant is not having any other criminal case. Charge-sheet in this case is stated to have already been filed and applicant is in jail in this matter since 30.09.2021.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the accused-applicant/ Shanu involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 21.3.2022

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Praveen

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Digitally signed by PRAVEEN KUMAR Date: 2022.03.21 17:10:12 IST Reason: Location: High Court of Judicature at Allahabad

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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