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Sudhir Sharma @ Pandit @ Sanni v. State of U.P.

Allahabad HC16 Oct 2023BAIL/39420/2023

Case brief

AI extract

What is this about?

Bail allowed under UP Gangsters Act (Section 2/3), Case Crime No. 50 of 2023, P.S. Sihanigate, Ghaziabad; applicant Sudhir Sharma @ Pandit @ Sanni; Criminal Misc. Bail Application No. 39420 of 2023; High Court of Judicature at Allahabad; Judge Umesh Chandra Sharma; decided 16.10.2023; Neutral Citation 2023:AHC:199239; personal bond and two sureties; conditions on appearance, evidence tampering, witness pressure; bail cancellation clause on breach.

What did the court decide?

Applicant Sudhir Sharma @ Pandit @ Sanni to be released on bail in Case Crime No.50 of 2023 on furnishing a personal bond and two sureties each in the like amount, subject to conditions of appearance before the trial court, non-tampering with prosecution evidence and non-pressurisation of prosecution witnesses. ¶10

Sudhir Sharma @ Pandit @ Sanni Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, booked in Case Crime No.50 of 2023 under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, is entitled to be enlarged on bail during the pendency of trial.

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Court's answer

Without commenting on the merits of the case, the Court held that the applicant is entitled to be enlarged on bail and accordingly allowed the bail application.

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Ratio / Principle

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he appear on dates fixed by the trial court, not tamper with prosecution evidence and not pressurise prosecution witnesses; in case of breach, the prosecution may move a bail cancellation application before this Court.

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Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Umesh Chandra Sharma, J.), by order dated 16.10.2023 in Criminal Misc. Bail Application No. 39420 of 2023, allowed bail to Sudhir Sharma @ Pandit @ Sanni in Case Crime No.50 of 2023 under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sihanigate, District Ghaziabad. Without commenting on merits, the Court found the applicant entitled to enlargement, the learned AGA having been unable to satisfactorily dispute counsel's submissions (bail already obtained in the three gang-chart cases, no likelihood of abscondence or tampering, custody since 21.01.2023). Release ordered on a personal bond with two sureties each in the like amount, subject to conditions of appearance, non-tampering with evidence and non-pressurising witnesses; breach entitles the prosecution to seek cancellation before the High Court.

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Neutral Citation No. - 2023:AHC:199239

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39420 of 2023

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Applicant :- Sudhir Sharma @ Pandit @ Sanni Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Sri Abhishek Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.50 of 2023, under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sihanigate, District Ghaziabad, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of three cases shown in the gang chart which has been explained in paragraph-5 of the affidavit filed in the support of the bail application in which he has been enlarged on bail. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It has been fairly submitted that there is other criminal history also against the applicant which has been explained in paragraph-6 of the said affidavit. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 21.01.2023. In case the applicant is released on bail, he will not misuse the said liberty.

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

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Having regard to the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Sudhir Sharma @ Pandit @ Sanni , involved in the aforesaid case 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 subject to the

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conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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