In a bail application filed under the U.P. Gangster and Anti Social Activities Act, the Single Judge allowed bail for the applicant, who appeared in multiple FIRs, noting he had already been released in other pending cases.
Release on bail on personal bond and two sureties subject to standard conditions.
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. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10069 of 2023 Applicant :- Shahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar Nigam,J.
Heard learned counsel for the applicant, Shri Varun Kumar Agnihotri, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No.05 of 2023, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - G.R.P., District - Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been contended by learned counsel for the applicant that in the gang chart, there are three cases shown against the accused-applicant i.e. (i) Case Crime No.52 of 2022, under Sections 395, 412, 427, 504, 506 IPC, Police Station - G.R.P., District - Shahjahanpur; (ii) Case Crime No.20 of 2021, under Sections 379, 411 IPC, Police Station - G.R.P., District - Hardoi, and (iii) Case Crime No.03 of 2022, under Sections 379, 411 IPC, Police Station - G.R.P., District - Hardoi. It is further contended by learned counsel for the applicant that the accused-applicant has been released on bail in Case Crime No.52 of 2022 by Additional Sessions Judge, Court No.1, Shahjahanpur, vide order dated 31.1.2023, in Case Crime No.20 of 2021, under Section 379 & 411 IPC, vide order dated 10.3.2022, passed by Additional Sessions Judge, Court No.1, Hardoi and in Case Crime No.3 of 2022, under Sections 379 and 411 IPC, by the order dated 11.3.2022 passed by Additional Sessions Judge, Court No.1, Hardoi. Copies of the aforesaid bail orders are at pages 33, 36 and 39 of the paper book. It has been further contended that apart from these cases, there is no other criminal history of applicant. It is lastly submitted that applicant is languishing in jail since 5.2.2023 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, Shri Varun Kumar Agnihotri, learned Additional Government Advocate has opposed the prayer for grant of bail but, on instructions, he could not deny the fact that accused-applicant has been granted bail in all the three cases, mentioned in the gang chart and he has no other criminal history.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Shahrukh in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). The applicant shall not directly or indirectly make any 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 an application before this Court seeking cancellation of the bail.
Order Date :- 17.3.2023 Rishabh
[Manish Kumar Nigam, J.]
Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the U.P. Gangster and Anti Social Activities (Prevention) Act despite pending other cases?
1 provisions across 1 enactments
Shahrukh
Manish Kumar Nigam
Rishabh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
