Allowed

Venkatesh v. State of U.P.

Allahabad HC12 Jan 2023BAIL/408/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application regarding an offence under the U.P. Gangster and Anti Social Activities Act. The court ordered the release of the applicant on personal bond and sureties. The order was not based on merits due to lack of police instructions.

What did the court decide?

Applicant released on personal bond and two sureties to the satisfaction of the court below, with instructions to police officials.

Venkatesh 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. - 408 of 2023

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Applicant :- Venkatesh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.715 of 2022 at Police Station-Sihani Gate, District-Ghaziabad under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 21.08.2022. The bail application of the applicant was rejected by learned trial court on 14.12.2022.

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The following arguments made by Shri Ram Jatan Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). The applicant has been enlarged on bail in the four cases depicted in the gang chart.

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(2). 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). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate

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with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Paritosh Kumar Malviya, learned AGA-I 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.

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The Senior Superintendent of Police, Ghaziabad shall take appropriate action against the erring police officials for failing to send appropriate 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. 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-Venkatesh 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 :- 12.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Venkatesh v. State of U.P.

Case brief

What is this about?

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Venkatesh v. State of U.P.

Case brief

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