In an application under Section 439 Cr.P.C., the High Court released the applicants on bail pending trial under the U.P. Gangsters Act, subject to a personal bond, two sureties, and conditions against tampering with evidence or witnesses.
Release of applicants on bail by furnishing a personal bond and two sureties each on specific conditions.
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.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 401 of 2023
Applicant :- Rohit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 176 of 2022, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Shivala Kalan, District- Bijnor during the pendency of the trial.
Learned counsel for the applicants submits that according to the gang chart, copy of which has been filed as annexure-2 to the affidavit, four cases are pending against the applicant no. 1 and three cases are pending against the applicant no. 2. In the aforesaid cases the applicants have been enlarged on bail. The applicant are neither leaders nor members of any gang and they have been falsely implicated in the instant case. The applicants are in jail since 24.08.2022 and in case they are enlarged on bail, they will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.
Let the applicants- Rohit and Sandeep Kumar involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that :
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.1.2023 Aditya
Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to be enlarged on bail in an anticipatory nature under Section 439 Cr.P.C. in a trial pending under Section 3(1) of the U.P. Gangsters and Anti Social Activities (P
2 provisions across 2 enactments
Rohit and Another
State of U.P.
Vivek Varma
Aditya Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
