The Allahabad High Court released the applicant, Rajan Gond, on bail in a criminal matter under the U.P. Gangsters and Anti-Social Activities Act, accepting his plea of false implication without delving into the merits of the charge.
Released on bail on furnishing a personal bond and two local sureties each of like amount.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58869 of 2022
Applicant :- Rajan Gond Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Rana,Shardeshwar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is contended that according to the gang chart the applicant is involved in two cases and in the said cases the applicant has been granted bail, photocopies of bail orders are annexed as Annexure-3 to the bail application. It is next submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 13.10.2022. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the material on record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant Rajan Gond involved in case crime no.276 of 2022, under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Pipraich, District Gorakhpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
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 :- 16.1.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, falsely implicated in a case under the U.P. Gangsters Act, is entitled to bail pending trial.
1 provisions across 1 enactments
Rajan Gond
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
