Single judge allowed bail to an applicant charged under the Gangster Act. The court released him on a personal bond and two sureties, subject to specific conditions regarding court attendance and witness protection.
Released on bail by furnishing a personal bond and two sureties on the satisfaction of the court concerned.
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Neutral Citation No. - 2023:AHC:127746
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27483 of 2023
Applicant :- Shyamu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Dohare Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant-Shyamu Pasi with a prayer to release him on bail in Case Crime No. 681 of 2022 under Sections 3 (1) U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Soraon, District Prayagraj, during the pendency of trial.
The main submission advanced on behalf of accused is that on the basis of three cases, the provisions of Gangsters Act has been imposed against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has al ready been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. He further submits that the applicant has criminal history of thirty cases, and in most of the cases, the applicant is on bail, detail of which has been explained in paragraph no.11 of affidavit accompanying the bail application. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 30.10.2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on
bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Having considered the submissions of the parties noted above and without expressing any opinion on the merits of the case, let the applicant -Shyamu Pasi involved in the 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 :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.6.2023 S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether an applicant facing charges under the Gangster Act can be released on bail by furnishing a personal bond and sureties despite the State's opposition.
3 provisions across 2 enactments
Shyamu Pasi
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
