The High Court allowed a bail application filed by an applicant charged under the U.P. Gangsters Act, noting he was already in custody for over a year and released in the cited case.
Release on bail via personal bond and two sureties in the like amount, subject to 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. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58837 of 2022
Applicant :- Ram Nath Mishra @ Ramnath Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma,Navaneet Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard Sri Nitin Sharma, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.922 of 2021, under Section 2/3 U.P.Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Kotwali, District Ghaziabad during pendency of the trial.
On the basis of single case shown in the gang chart, applicant has been made accused in the present matter.
Learned counsel for the applicant submitted that applicant on the basis of solitary case shown in the gang chart, made accused in the present matter and in solitary case shown in the gang chart he has already been released on bail. He further submits that apart from the case shown in the gang chart applicant was also wanted in as many as 16 other cases and out of 16 cases in nine cases till date even his judicial custody has not been taken and in remaining cases he has already been released on bail and he has explained his criminal history in paragraphs 3 and 4 to the supplementary affidavit filed in support of the bail application.
He further submits that applicant is neither any member of gang nor he is its leader and he is law abiding citizen and never
indulged in anti-social activities. He further submits that applicant is in jail since 23.12.2021.
Per contra, learned AGA although opposed the prayer for bail but could not dispute the arguments on facts advanced by the learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
It appears that on the basis of solitary case applicant has been made accused in the present matter and in the solitary case shown in the gang chart he has been released on bail and although he was wanted in 16 other cases but in nine cases his judicial custody till date could not be even taken and in remaining seven cases he i s on bail.
In the present matter applicant is in jail since December, 2021, i.e., for the last more than a year.
Therefore, in view of the discussions made above, in my view, applicant is entitled to be released on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Ram Nath Mishra @Ramnath Mishra be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 7.2.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail when charged on the basis of a solitary case in a gang chart and already in custody for over a year.
1 provisions across 1 enactments
Ram Nath Mishra @ Ramnath Mishra
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
