Allowed

Sonu and Another v. State of U.P.

Allahabad HC7 Apr 2023BAIL/6143/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad disposed of a bail application in a case under the U.P. Gangsters Act. The court found that the applicants made out a case for bail and released them on a personal bond with two sureties each.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each subject to conditions ensuring cooperation in trial and no criminal activity or witness tampering.

Sonu and Another Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6143 of 2023

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Applicant :- Sonu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma,Vijay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.572 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Kurawali, District Mainpuri, during pendency of trial.

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It is argued by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. According to the gang chart the applicant nos. 1 and 2 are said to have been involved in two cases and one case, respectively, in which they have already been enlarged on bail by the court below. Copy of the bail orders have been annexed as annexures no. 3 of the bail application and supplementary affidavit. It is further submitted that the applicants are not a member of any gang. Apart from the cases shown in the gang chart, the applicant no. 1 has five cases of criminal history whereas applicant no. 2 has one case of criminal history in which they have been released on bail. There is no prospect of trial of the present case being concluded in near future. The applicants are not previous convict. They are languishing in jail since 06.01.2023 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.

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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. &

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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.

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Let the applicants, Sonu and Rajeev be released on bail on their 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.

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The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 7.4.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Sonu and Another v. State of U.P.

Case brief

What is this about?

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Sonu and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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