Allowed bail to the applicant in a case under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, holding he made out a case despite pending trial.
Released on bail upon personal bond and two sureties subject to conditions of non-tampering, cooperation, and no criminal activity.
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. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5660 of 2023
Applicant :- Jogi @ Jogendar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.218 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Cholapur, District Varanasi, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in four cases in which he has already been enlarged on bail by the court below, copy of the bail orders is annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 26.08.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Jogi @ Jogendar Yadav 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 following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.4.2023 Meenu Singh
Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail in an offence under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Jogi @ Jogendar Yadav
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
