Application for bail in a case under the Gangsters Act. The High Court allowed the bail application without making observations on the merits, citing the applicant's prior bail grants and cooperation with investigation.
Release on bail by furnishing a personal bond and two sureties in like amounts.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3647 of 2023
Applicant :- Rajkumar @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.388 of 2022 at Police StationSaurikh, District-Kannauj under Sections 3(1) of Gangsters Act. The applicant is in jail since 31.08.2022.
The bail application of the applicant was rejected by the learned trial court on 19.10.2022.
The following arguments made by Shri Jayant Bahadur Singh, learned counsel holding brief of Shri Chandra Prakash Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in this case only to burnish the credentials of the police authorities.
(2). The applicant has been enlarged on bail in the two criminal cases depicted in the gang chart.
(3). He is not a member of any criminal gang.
(4). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(5). The applicant is not a flight risk. The 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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rajkumar @ Chhotu 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 10.2.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
Rajkumar @ Chhotu
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
