Allowed

Sachin @ Akriti Pandey v. State of U.P.

Allahabad HC18 Aug 2023BAIL/31758/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal bail application filed under Section 439 Cr.P.C. by an applicant accused under the U.P. Gangsters Act. The court noted vague allegations regarding gang definitions and upheld the plea that the Act should not be used for vengeance. Bail was granted subject to specific conditions.

What did the court decide?

The applicant is released on bail on personal bond and two heavy sureties subject to specific conditions including appearance at the police station on the 15th of every month.

Sachin @ Akriti Pandey Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:166225

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31758 of 2023

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Applicant :- Sachin @ Akriti Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 106 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Atrauliya, District Azamgarh, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, three cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in eight other cases. In the said cases also he has been enlarged on bail.

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He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted. It is next submitted that the provisions of the Gangsters Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on other fronts.

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It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act

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and that he would not commit the offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 16.01.2023.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record as well as taking note of Section 19(4)(b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Sachin @ Akriti Pandey , involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court;

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(iv) shall not leave district without the leave of the trial court; and,

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(v) shall appear on 15th of every month at the Police Station concerned.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.8.2023

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Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Sachin @ Akriti Pandey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sachin @ Akriti Pandey v. State of U.P.

Case brief

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What did the court decide?

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