Allowed¶10

Anis v. State of U.P.

Allahabad HC1 Apr 2022BAIL/9584/2022

Case brief

AI extract

What is this about?

Allahabad High Court; CRIMINAL MISC. BAIL APPLICATION No. 9584 of 2022; Anis v. State of U.P.; bail granted; U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Section 2/3; Case Crime No. 466 of 2021; P.S. Akrabad District Aligarh; custody since 14.08.2021; co-accused parity Nannu coordinate bench; Dataram Singh v. State of U.P. (2018) 2 SCC 22; Article 21 Constitution of India; Sadhna Rani (Thakur), J.; order dated 1.4.2022.

What did the court decide?

Bail granted to applicant Anis on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of attending trial proceedings, not tampering with witnesses, and not indulging in illegal activities during the bail period. ¶10

Anis Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Anis, involved in Case Crime No. 466 of 2021 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Akrabad, District Aligarh, should be released on bail.

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Court's answer

Considering the seriousness of the charge, severity of punishment, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, the larger mandate of Article 21, and the dictum in Dataram Singh v. State of U.P., (2018) 2 SCC 22, the court found it to be a case of bail, without expressing any opinion on the merits.

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Ratio / Principle

The applicant Anis is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: attending and cooperating with trial proceedings, not tampering with witnesses, and not indulging in illegal activities during the bail period.

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Key takeaways

On breach of any of the bail conditions, the court below is at liberty to cancel the bail and send the applicant to prison.ratio¶17
Observations made in the order are strictly confined to the disposal of the bail application and must not be construed as a reflection on the ultimate merits of the case.obiter¶16

Detailed headnote1 paragraphs

Bail granted - U.P. Gangsters Act, 1986, Ss. 2/3 - Applicant Anis, accused in Case Crime No. 466 of 2021, P.S. Akrabad, District Aligarh, in custody since 14.08.2021; already on bail in the sole case in the gang chart and armed with bail orders in two other cases; co-accused Nannu already enlarged on bail by coordinate bench; A.G.A. could not deny the facts urged; relying on the dictum in Dataram Singh v. State of U.P., (2018) 2 SCC 22, and the larger mandate of Article 21 of the Constitution, the Allahabad High Court found it a case for bail without expressing any opinion on merits; release ordered on personal bond and two sureties with conditions of trial cooperation, non-tampering with witnesses and abstention from illegal activities, with liberty to the court below to cancel bail on breach.

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9584 of 2022

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Applicant :- Anis Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Anis is involved in Case Crime No. 466 of 2021, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Akrabad District Aligarh.

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It is argued by the learned counsel for the applicant that regarding single case mentioned in the gang chart he is on bail. As there are other two more case against him regarding these cases he has filed bail orders. He is languishing in jail since 14.08.2021. The co-accused Nannu has been granted bail by the coordinate bench of this court.

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Per contra, the bail application has been opposed by the learned A.G.A. but he could not deny the facts mentioned by the learned counsel for the applicant.

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Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Anis, who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after

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release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 1.4.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.04.01 17:08:33 IST Reason: Location: High Court of Judicature at Allahabad

Anis v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anis v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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