This bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was allowed. The High Court found the applicant fit for bail considering she was already released in associated gang chart cases and lacked other criminal antecedents.
The applicant was released on bail on furnishing a personal bond and two heavy sureties.
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Neutral Citation No. - 2023:AHC:127296
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19193 of 2023
Applicant :- Smt. Shanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Singh,Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned Government Advocate for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge on bail in Case Crime No. 0113 of 2023 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Baberu, District Banda, during pendency of the trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated on the basis of seven cases shown in the gang chart. In Case Crime No. 120 of 2008, the applicant has been acquitted and, in rest of the cases, the applicant is bailed out. It has also been submitted that the applicant is not involved in any anti-social activities and she is not a member of any gang. He further submits that there is no any other criminal history of the applicant except the cases shown in the gang chart. The applicant is in jail since 08.02.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail and co-operate in trial.
Per contra, learned Government Advocate opposed the prayer of bail but he could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, I find that applicant has been enlarged on bail in the case mentioned in the gang chart and there is no other criminal antecedents except the aforesaid case and, therefore, without commenting on the merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any
observations on the merits of the case, the bail application is allowed.
Let the applicant-Smt. Shanti Devi involved in aforesaid crime be released on bail on her furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 her from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 :- 19.6.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether to release the applicant on bail in a case under U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Whether the applicant, having been bailed in associated gang chart cases and having no other antecedents, is a fit case for bail.
2 provisions across 1 enactments
Smt. Shanti Devi
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
