The High Court allowed the applicant's bail application in Case Crime No.22 of 2022 under the Gangsters Act. The court granted bail contingent on a personal bond and sureties, without recording detailed observations on the merits.
Release on bail with a personal bond and two sureties each in the like amount to the satisfaction of the court below.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59778 of 2022
Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Haris Khan,Neeraj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.22 of 2022 at Police Station-Bahadurgarh, District-Hapur under Sections 2 and 3 of Gangsters Act. The applicant is in jail since 02.10.2021.
The bail application of the applicant was rejected by the learned trial court on 07.12.2022.
The following arguments made by Ms. Nimsha Khurshid, Advocate holding brief of Mohd. Haris Khan, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. (2). He is not a member of any criminal gang.
(3). The applicant has explained his criminal history. The applicant is a convenient scapegoat for the police authorities who nominated him in a number of cases to show the proficiency of the
police investigators. The said cases do not have any bearing on the instant bail application.
(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his 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 applicant- Deepak Kumar 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 applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 2.2.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the prosecuted case under Sections 2 and 3 of the Gangsters Act.
Deepak Kumar
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
