Criminal Miscellaneous Bail Application under U.P. Gangsters and Anti-Social Activities Act, 1986. Court allowed bail to the applicant on furnishing a personal bond and two sureties, noting the accused was involved in a solitary case already under bail.
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12726 of 2023
Applicant :- Maujiram @ Mauji Opposite Party :- State of U.P. Counsel for Applicant :- Raju Kumar,Rajeev Sawhney Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Rajesh Kumar Srivastava, Advocate, holding brief of Sri Rajeev Sawhney, learned counsel for the applicant and Sri Ghyanshyam Mishra, learned Brief Holder, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.374 of 2022 under Section 2/3 of U.P.Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Inchauli, District Meerut during pendency of the trial.
Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart.
Learned counsel for the applicant submitted that on the basis of solitary case 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 the case shown in the gang chart, he has already been released on bail. He further submitted that apart from the solitary case shown in the gang chart, applicant is having criminal history of one another case to his credit and in that case he is on bail.
He further submitted that he has explained criminal history of applicant in paragraph-6 to the affidavit filed in support of the present bail application. He next submitted that in the present matter, he is in jail since 2.2.2023, therefore, he may be released on bail.
Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
It appears that on the basis of solitary case shown in the gang chart, applicant made accused in the present case and in solitary case, he has already been enlarged on bail and apart from the case shown in the gang chart, applicant is having criminal history of one another other case and in that case also he is on bail and his criminal history has been explained in the affidavit filed in support of the present bail application and in the present matter, he is in jail since 2.2.2023, therefore, this Court is of the view that it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Maujiram @ Mauji 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:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
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.
Order Date :- 5.4.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused under U.P. Gangsters & Anti-Social Activities Act based on a solitary case in the gang chart, be released on bail.
1 provisions across 1 enactments
Maujiram @ Mauji
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
