In a bail application under the U.P. Gangster and Anti-Social Activities (Prevention) Act, the High Court directed the release of the applicant after considering his prior bail history in related cases and prevailing legal dicta.
Released on bail on personal bond and two sureties with conditions against intimidation, adjournments, and new crimes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:128066
Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27635 of 2023
Applicant :- Shailesh Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav 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, Shailesh Vishwakarma with a prayer to release him on bail in Case Crime No. 119 of 2022, under section, 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Baluwa, District- Chandauli during pendency of trial.
The main submission advanced on behalf of accused is that in the three cases which have been made the basis to impose the provisions of Gangsters Act 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. 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 03.06.2021.
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, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant 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 :- 22.6.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a Gangster Act trial.
Whether existing bail in underlying cases justifies continuing incarceration under the Gangster Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Shailesh Vishwakarma
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
