Allowed

Bajrul v. State of U.P.

Allahabad HC3 Apr 2023BAIL/10161/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Bajrul under Sections 2/3 of the U.P. Gangsters Act. The applicant, charged based on two gang chart cases where he was already on bail, surrendered that he was neither a gang member nor leader. The court considered his total criminal history and ordered his release on a personal bond with two sureties subject to standard conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in like amount, subject to conditions of appearance and non-interference.

Bajrul Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10161 of 2023

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Applicant :- Bajrul Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Amit Kumar Shukla, learned brief holder for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 564 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Budaun, during pendency of the trial in the court below.

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Applicant was made accused in the present case on the basis of two cases shown against him in the gang chart.

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Learned counsel for the applicant submitted that on the basis of two cases shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in both the cases shown in the gang chart, he has already been released on bail.

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He further submitted that apart from the two cases shown in the gang chart, applicant is having criminal history of 25 other cases but his criminal history has been explained in paragraph no. 12 to 37 of the affidavit filed in support of the present bail application and out of 25 cases, 9 cases were of Gangsters Act and Arms Act and in mostly all the cases applicant was made accused simultaneously and in almost all the cases he was not named in the FIR and in the present matter applicant is in jail since 29.11.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It appears that on the basis of two cases shown in the gang chart applicant made accused in the present case and in both the cases, he has already been enlarged on bail although apart from the two cases shown in the gang chart, applicant is having criminal history of 25 other cases but his criminal history has been explained in paragraph no. 12 to 37 to the affidavit filed in support of the present bail application and out of 25 cases, 9 cases were of Gangsters Act and Arms Act and in mostly all the cases applicant was made accused simultaneously and in almost all the cases he was not named in the FIR and in the present matter applicant is in jail since 29.11.2022, therefore, this Court is of the view that it is a fit case to release the applicant on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Bajrul be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 3.4.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Bajrul v. State of U.P.

Case brief

What is this about?

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Bajrul v. State of U.P.

Case brief

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