Allowed

Rohit v. State of U.P.

Allahabad HC27 Mar 2023BAIL/13707/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Rohit challenging detention under the U.P. Gangster & Anti-Social Activities Act. The court found prima facie allegations general and no specific role established, granting bail subject to conditions.

What did the court decide?

Order directed the applicant to be released on bail by furnishing a personal bond and two sureties, subject to conditions of cooperating in investigation and trial.

Rohit Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13707 of 2023

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Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari,Varsha Jatav Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Rohit, with a prayer to release him on regular bail in Case Crime No.14 of 2023, under Sections 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, P.S. Madhogarh, District Jalaun.

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As per the prosecution case, F.I.R. No.14 of 2023, under Sections 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986, was registered at P.S. Madhogarh, District Jalaun on the strength of Case Crime No.136 of 2022, under Sections 376-D, 452 I.P.C., P.S. Madhogarh District Jalaun wherein the accused-appellant is arrayed as an accused. The allegation against the accused-appellant is that he is a gang leader and active at the district level for committing heinous crimes in an organised manner for financial and other bodily pleasures along with his gang members, due to which an atmosphere of extreme fear and terror prevails among the women in the society. Accused-applicant Rohit and his co-accused are guilty of committing crimes mentioned in Chapter-16 of the Indian Penal Code.

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Learned counsel for the accused-applicant submits that the

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accused-applicant has already been released on bail in the case mentioned above by this Hon'ble Court in Criminal Misc. Bail Application No.59541 of 2022. He submits that the accusedapplicant has been falsely implicated in the present case, and no offence under the Gangster Act is made out. As per the contents of the present F.I.R., no specific averments are made in the F.I.R. against the accused-applicant to satisfy the ingredients of Sections 2/3 U.P. Gangster & Anti-Social Activities (Prevention) Act, 1986. The allegations are vague and general, and the police arrested the accused-applicant with an ulterior motive on 01.02.2023. He further submits that the applicant is not required for custodial interrogation by the police. The accused applicant has no other criminal history except as mentioned in the gang chart, and he has been languishing in jail since 03.02.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A. opposes the bail application by stating that the provisions of the Gangster Act are stringent in nature and the same are invoked against the accused-applicant. He further submits that he has not received the instructions so far, but on perusal of the F.I.R., the allegations are serious. Hence, the accused-applicant does not deserve any leniency by this court but could not repudiate that the accused has been enlarged on bail in the case based on which the present FIR is registered.

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Having heard the learned counsel for the parties and after perusal of the record, it transpires that prima-facie allegations made in the present F.I.R. are general in nature; no specific role or incident of commission of a crime is mentioned in the F.I.R. against the accused-applicant and the applicant is not required for custodial

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interrogation by the police. The accused-applicant is entitled to be enlarged on bail, and as such, the bail application is allowed.

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Let the applicant, Rohit , be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall cooperate in the investigation as and when required by the Investigating Officer.

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During the trial, the applicant shall not tamper with the prosecution evidence by intimidating/pressurising the witnesses.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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The observations made hereinabove by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Order Date :- 27.3.2023

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Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Rohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rohit v. State of U.P.

Case brief

What is this about?

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