The High Court at Allahabad accepted bail for applicants Rahul Gaud and Amar Gaud in a GB Act case, finding them fit for release despite criminal history upon furnishing a personal bond and sureties.
Release on bail with personal bond and two sureties each, subject to standard conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9152 of 2023
Applicant :- Rahul Gaud And Another Opposite Party :- State of U.P. Counsel for Applicant :- Deep Chand Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicants is that the accused applicants are in jail since 08.08.2020. In the gang chart six cases have been shown against the accused applicants and in all case the accused applicants have already been released on bail and the bail orders are annexed as Annexure no. 2 to the affidavit filed in support of the bail application. It is further submitted that there is criminal history of 9 cases against the applicant no. 1 and 8 cases criminal history against the applicant no. 2 and the same has been explained in paragraph nos. 12 and 13 of the affidavit filed in support of the bail application. Further submission is that accused applicants are prepared to furnish surety and bond and there is no possibility of their either fleeing away from the judicial process or tampering with the evidence. Applicants undertake that they will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.
Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicants Rahul Gaud and Amar Gaud be released on bail in Case Crime No. 376 of 2021, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Kotwali Deoria, District Deoria, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence and
will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 12.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether this case is a fit case for granting bail to the accused applicants.
1 provisions across 1 enactments
Rahul Gaud
Amar Gaud
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
