Court allowed bail application of applicant accused in Case Crime No. 633 of 2022 under U.P. Gangsters & Anti-Social Activities Act. Applicant had solitary case in gang chart, already on bail for it, and no other criminal history. He was in jail since 31.8.2022.
Applicant released on bail on personal bond and two sureties in like amount satisfactorily.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13104 of 2023
Applicant :- Kallu Alias Subhash Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Mrs. Lakshmi Dubey Advocate holding brief of Sri Manoj Kumar Srivastava, learned counsel for the applicant and Sri Amit Kumar Shukla, learned brief holder for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 633 of 2022, under Sections 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act 1986, Police Station- Kotwali Kannauj, District- Kannauj, during pendency of the trial in the court below.
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. She further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail. She further submitted that apart from the case shown in the gang chart, applicant is not having any criminal history to his credit and in the present matter, he is in jail since 31.8.2022, 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 the solitary case shown in the gang chart applicant made accused in the present case and in the solitary case, he has already been enlarged on bail and apart from the case shown in the gang chart, applicant is not having any criminal
history and in the present matter, he is in jail since 31.8.2022, 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- Kallu Alias Subhash 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 anti-social 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 :- 7.4.2023
KK Patel
Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for release on bail being made an accused based on a solitary case shown in the gang chart without any other criminal history?
Whether furnishing of personal bond and two sureties is sufficient to grant bail in the proceedings under U.P. Gangsters & Anti-Social Activities (Prevention) Act 1986?:null
1 provisions across 1 enactments
Kallu Alias Subhash
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
