Court granted bail to applicant Sudama under Sections 3(1) of U.P. Gangster Act, holding that he made out a case for bail despite the nature of charges.
Release on bail upon furnishing personal bond and two sureties with conditions regarding tampering with evidence and appearing in trial court.
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Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10084 of 2023
Applicant :- Sudama @ Anurudha Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Om Vikram Singh Chauhan 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.207 of 2022, under Sections 3(1) of U.P. Gangster Act, Police Station - Sahail, District - Auraiya with the prayer to enlarge the applicant on bail.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further contended that in gang chart, one case has been shown against the applicant being Case Crime No.77 of 2022, under Sections 376D/506 IPC and Section 54/6 POCSO Act, Police Station - Sahail, District - Auraiya. It is further contended that in Case Case Crime No.77 of 2022, applicant has been granted bail by this Court, vide order dated 23.1.2023 passed in Criminal Misc. Bail Application No.52292 of 2022. Copy of the aforesaid bail order is at page 26 of the paper book. It is next contended by learned counsel for the applicant that apart from this case, there is no other criminal history of the applicant. Applicant is languishing in jail since 7.12.2022 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 dispute the fact that applicant has already been granted bail in the case, shown in the gang chart and he has no other criminal history to his credit.
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 - Sudama @ Anurudha 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 eligible for bail under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Sudama @ Anurudha
Sudhanshu Shekhar Tripathi A.B., J.
Manish Kumar Nigam, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
