Allowed

Sumeri v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC16 Jan 2023/779/2023

Case brief

AI extract

What is this about?

This single judge order dealt with an application for bail under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The court noted vague allegations regarding gang membership without specific acts and existing bail orders in related cases. Finding no evidence of tampering or absconding risk, bail was granted.

What did the court decide?

Release on bail with personal bond and two reliable sureties, subject to conditions against tampering, influencing witnesses, and absconding.

Sumeri Vs State of U.P. Thru. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 779 of 2023

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Applicant :- Sumeri Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pankaj Kumar Tripathi,Divya Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Sumeri S/o Nattha Pasi, the learned counsel for the applicant, Sri Ran Vijay Singh, the learned A.G.A. for the State, and perused the record.

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The instant application has been filed seeking release of the applicant Sumeri S/o Nattha Pasi on bail in Case Crime No. 274 of 2022, under Section 2/3 Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Sadarpur, District Sitapur. The aforesaid case has been registered on the basis of a First Information Report lodged by the Station House Officer of the Police Station against three named accused persons, including the applicant, stating that all the accused persons have formed an organized gang and they are engaged in earning their livelihood by committing offences.

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The gang chart mentions involvement of the applicant in four cases - (i) Case Crime No. 234 of 2022, under Section- 5/25, Arms Act, (ii) Case Crime No. 584 of 2010, under Sections379, 411 I.P.C., (iii) Case Crime No.56 of 2013, under Section25(1-B), Arms Act, and Case Crime No. 102 of 2016 under sections 323,504,506,325 I.P.C., in all of which the applicant has already been granted bail and copies of the bail orders have been annexed as Annexure Nos. SA-1 to SA-3 with the supplementary affidavit.

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The learned AGA has opposed the prayer for grant of bail and he has submitted that allegations against the applicant or of serious nature.

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Upon scrutinizing the facts of the case in light of the aforesaid law, what prima facie appears at this stage is that there is merely a vague accusation that the applicant is a member of a gang, without any particulars of any act committed by him. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. There is nothing on record which may indicate that the applicant is in a position to tamper with the evidence or influence the witnesses

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or which may give rise to a reasonable apprehension of threat to the witnesses or to give rise to a reasonable apprehension that the applicant will abscond and will not face the trial.

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The applicant has already been granted bail in all the cases in which he is involved and, therefore, larger interest of the public or the State would not be affected in case the applicant is enlarged on bail.

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In view of the aforesaid discussion, the bail application is allowed .

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Let the applicant Sumeri S/o Nattha Pasi , be released on bail in Case Crime No. 274 of 2022, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sadarpur, District Sitapur, Police Station Sikandrabad, District Bulandshahar, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:?

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the dates fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of bail.

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( Subhash Vidyarthi, J. )

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Order Date :- 16.1.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Sumeri v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Sumeri v. State of U.P. Thru. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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