Allowed

Saywan @ Sahban v. State of U.P.

Allahabad HC25 Jan 2023BAIL/3147/2023

Case brief

AI extract

What is this about?

The Court allowed a bail application filed under the U.P. Gangster and Anti-social Activities Act. The applicant alleged false implication and lack of government instructions. The Court noted the applicant's lack of prior criminal history and found no ground for refusal, allowing bail with sureties.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties with conditions not to tamper with evidence or witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3147 of 2023

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Applicant :- Saywan @ Sahban Opposite Party :- State of U.P. Counsel for Applicant :- Parvez Alam Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 633 of 2022 at Police Station- Muhammadabad, District- Mau under Section 3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 22.09.2022.

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The bail application of the applicant was rejected by the learned trial court on 11.01.2023.

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The following arguments made by Shri Parvez Alam, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Deepak Kapoor, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in the instant case.

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(2). The applicant has been enlarged on bail in the solitary case depicted in the

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gang chart. He is not a member of any criminal gang.

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(3). The applicant does not have any criminal history apart from this case.

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(4). Sri Sunil Kumar Srivastava learned AGA contends that no instructions have been forthcoming.

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Liberty of citizens is too sacrosanct and cannot be held to ransom by apathy of the police officials. There is no cause for failing to provide instructions to the learned Government Advocate despite advance notice of the bail application. Superintendent of Police, Chandauli shall take appropriate action as per law also for failure to provide timely instructions to the learned Additional Government Advocate despite advance notice of bail application and violating the directions of this Court in Sahil Vs. State of U.P. (Criminal Misc. Bail Application No. 19839 of 2021) as well as in Aditya Dubey alias Sachin Vs. State of U.P. (Criminal Misc. Bail Application No. 17969 of 2022) and the consequential orders passed by the Director General of Police, Government of U.P, Lucknow.

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(5). The applicant is not a flight risk. The

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applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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

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Let the applicant- Saywan @ Sahban be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 25.1.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Saywan @ Sahban v. State of U.P.

Case brief

What is this about?

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Saywan @ Sahban v. State of U.P.

Case brief

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