This order allows bail for applicants in a bail application rejected by the trial court under the U.P. Gangster and Antisocial Activities Act, 1986. Conditions include furnishing bonds and sureties.
Release of Meera Devi and Vijendra on bail on furnishing a personal bond and two sureties each.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4332 of 2023
Applicant :- Meera Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of the bail application, the applicants have prayed to be enlarged on bail in Case Crime No.542 of 2022 at Police Station-Saurikh, District-Kannauj under Section 3(1) of the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986. The applicant is in jail since 12.12.2022.
The bail application of the applicants was rejected by the learned trial court on 13.01.2023.
The following arguments made by Shri Shailendra Kumar Tripathi, learned counsel on behalf of the applicants, which could not be satisfactorily refuted by Shri Munne Lal, learned A.G.A. for the State from the record, entitle the applicants for grant of bail:
(1). The applicants have been falsely implicated in this case only to burnish the credentials of the police authorities.
(2). The applicants have been enlarged on bail in the solitary criminal case depicted in the gang chart. They are not members of any criminal gang.
(3). Apart from the instant case the applicant No.2 does not have any criminal history.
(7). The applicant No.1 has explained her criminal history. It is also contended that the applicant belongs to poor economic 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 have no bearing on the instant bail application.
(8). The applicants are not a flight risk. The applicants being a law abiding citizen have always cooperated with the investigation and undertake to cooperate with the court proceedings. There is no possibility of their 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 applicants-Meera Devi and Vijendra 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:-
(ii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 9.2.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicants are entitled to be enlarged on bail in a case under the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Meera Devi
Vijendra
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
