Allowed

Gagan Solanki v. State of U.P.

Allahabad HC1 Jun 2023BAIL/24938/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant under Section 439 Cr.P.C. in a Gangsters Act case, noting that prior bail grants do not preclude the current application. The court observed that the applicant is entitled to bail as his criminal history is fully explained.

What did the court decide?

The applicant was ordered to be released on bail with a personal bond and two sureties on specific conditions including not tampering with evidence.

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

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Neutral Citation No. - 2023:AHC:123447

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24938 of 2023

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Applicant :- Gagan Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Vipin Kumar, learned counsel for the petitioner and Sri G.P. Singh, learned AGA for the State.

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This is an application under Section 439 of Cr.P.C. filed on behalf of the applicant, Gagan Solanki, for enlarging him on bail in connection with Case Crime No. 193 of 2023, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Banna Devi, DistrictAligarh.

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The bail application preferred by the applicant, has been rejected on 09.05.2023 by the court below.

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Learned counsel for the applicant has argued that the invocation of the provisions under the Gangsters Act is thoroughly impermissible. In view of the fact, that though in the gang chart itself a Criminal Case No. 23 of 2023 has been shown to be pending against the applicant under Section 342, 427, 458, 394, 323, 411 and 120B I.P.C. read with Section 3/25 Arms Act. But he has been enlarged on bail by virtue of the order dated 03.05.2023 by the court below. Learned counsel for the applicant while referring to the supplementary affidavit has further invited the attention of the court towards paragraph no.4 so as to contend that apart from the above noted case, there are about 14 cases in which the applicant has been enlarged on bail and the 15th case is the present case in question. For the convenience of the Court the chart recapitulated in para 4 of the supplementary affidavit filed today is being quoted below:

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(1) The applicant has been enlarged on bail by court below in Case Crime No. 23/2023 under Sections 458, 342, 394, 323, 427, 411 and 120B I.P.C. and 3/25 Arms Act, PS- Banna Devi, District- Aligarh vide order dated 03.05.2023.

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(2) The applicant has been enlarged on bail by this Hon'ble Court in Case Crime No. 458/2016 under Sections 395, 397 I.P.C., PS- Kotwali, District- Mainpuri vide order dated 26.07.2018.

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(3) The applicant has been enlarged on bail by court below in Case Crime No. 01/2018 under Sections 307, 504 I.P.C. , PSJaithra, District- Etah vide order dated 22.01.2018.

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(4) The applicant has been enlarged on bail by court below in Case Crime No. 02/2018 under Sections 3/25/27 Arms Act, PSJaithra, District- Etah vide order dated 23.01.2018.

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(5) The applicant has been enlarged on bail by this Hon'ble Court in Case Crime No. 702/2018 under Sections 2/3 Gangsters Act, PS- Kotwali, District- Mainpuri vide order dated 13.11.2018.

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(6) The applicant has been enlarged on bail by court below in Case Crime No. 74/2019 under Sections 3/25 Arms Act, PSJaithra, District- Etah vide order dated 01.04.2019.

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(7) The applicant has been enlarged on bail by court below in Case Crime No. 11/2020 under Sections 307 I.P.C. and 12 D.A.A., PS- Barhan, District- Agra vide order dated 30.09.2020.

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(8) The applicant has been enlarged on bail by court below in Case Crime No. 21/2020 under Sections 307 I.P.C. and 12 D.A.A., PS- Barhan, District- Agra vide order dated 09.09.2020.

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(9) The applicant has been enlarged on bail by court below in Case Crime No. 22/2020 under Sections 3/25 Arms Act, PSBarhan, District- Agra vide order dated 09.09.2020.

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(10) The applicant has been enlarged on bail by court below in Case Crime No. 25/2020 under Sections 414, 420, 465 I.P.C., PS- Barhan, District- Agra vide order dated 01.09.2020.

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(11) The applicant has been enlarged on bail by court below in Case Crime No. 26/2020 under Section 15 D.A.A., PS- Barhan, District- Agra vide order dated 09.09.2020.

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(12) The applicant has been enlarged on bail by this Hon'ble Court in Case Crime No. 105/2022 under Section 18/20 N.D.P.S. Act., PS- Bewar, District- Mainpur vide order dated 05.08.2022; and two cases being Case Crime No. 454/2016 u/s 395 & 412 I.P.C., PS- Kotwali, District- Mainpuri and Case Crime No. 742/2017 u/s 174A, PS- Kotwali, District- Aligarh has wrongly registered against the accused applicant.

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Lastly, it is being submitted that applicant is languishing in jail since 04.04.2023.

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Learned AGA on the other hand submits that thought the applicant has been enlarged on bail, all the cases which have been referred to, though not mentioned in the gang chart but that does not even in fact give a right to the applicant to be enlarged on bail, particularly, in view of the fact that applicant is already entangled in various criminal cases. However, he could not dispute the fact that the applicant has explained the criminal history in totality.

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Considering the submissions of the rival parties as well as the stand taken by them, prima facie , a case of bail is made out. The applicant is entitled to be enlarged on bail as he has explained the criminal history showing the fact that he has been enlarged in all the cases which have been pending against the applicant.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Gagan Solanki involved in aforesaid crime 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 with the following conditions that :-

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i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 1.6.2023 Mohini

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Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad

Gagan Solanki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gagan Solanki v. State of U.P.

Case brief

What is this about?

What did the court decide?

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