Ravinder @ Pankaj @ Panchhi Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Ravinder @ Pankaj @ Panchhi Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: applicant Ravinder @ Pankaj @ Panchhi to be released on furnishing a personal bond and two sureties each of the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court; liberty reserved to the prosecution to move a bail cancellation application before the High Court on breach.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 169 of 2023 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badalpur, DistrictGautambuddhanagar, should be enlarged on bail during the pendency of the trial.

Court's answer

Considering the rival submissions, the material available on record, and counsel's submission that while on bail the applicant would not commit any crime/offence nor tamper with evidence or influence witnesses, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail; accordingly, the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the conditions that (i) he shall not tamper with the prosecution evidence, (ii) he shall not pressurize the prosecution witnesses, and (iii) he shall appear on each and every date fixed by the trial court.

Key takeaways

In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶15

Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, S. 2/3 — Case Crime No. 169 of 2023, P.S. Badalpur, DistrictGautambuddhanagar — gang chart showed four cases against the applicant, in each of which he had already been enlarged on bail; applicant contended he was neither a gang leader nor a member of any gang; in jail since 24.05.2023; learned A.G.A. opposed but could not satisfactorily dispute the submissions from the record — Held, without expressing any opinion on the merits, the applicant is entitled to be released on bail; bail application allowed; release directed on a personal bond and two sureties each of the like amount, subject to conditions (no tampering with prosecution evidence, no pressurizing prosecution witnesses, appearance on each and every date fixed by the trial court); on breach of any condition, the prosecution is at liberty to move a bail cancellation application before the High Court.

Neutral Citation No. - 2023:AHC:225940

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45126 of 2023

Applicant :- Ravinder @ Pankaj @ Panchhi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 169 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Badalpur, DistrictGautambuddhanagar, during the pendency of the trial.

Learned counsel for the applicant submits that according to the gang chart, four cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. The bail orders have been annexed with the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The criminal history of the applicant has been explained in para 8 of the affidavit accompanying the petition. The applicant is in jail since 24.05.2023.

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

Considering the rival submissions of learned counsel for parties, material available on record as well as in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

Let the applicant- Ravinder @ Pankaj @ Panchhi involved in

the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

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 :- 30.11.2023 S.Verma

Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad