Court allowed bail application of applicant Praveendra @ Patra in a case under UP Gangster Act, allowing release on bond and sureties subject to conditions regarding witness tampering and future criminal activity.
Release on bail by furnishing personal bond and two sureties in like amount, subject to verified conditions.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9296 of 2023
Applicant :- Praveendra @ Patra Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 114 of 2022, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Pilua, District Etah during pendency of the trial.
Learned counsel for the applicant submitted that seven cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart which is annexed as Annexures 3 to 9 to the affidavit. The applicant has six cases of criminal history except the cases shown in the gang chart, the same has been explained in para 4 to the supplementary affidavit. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 11.08.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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. & Another , 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.
Let the applicant, Pravendra @ Patra, who is involved in the aforesaid case crime, be released on bail on his 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.4.2023 Nitin Verma
Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail considering the nature of offence and the Gangster Act provisions.
Whether the applicant, despite criminal history, is innocent and not a leader of the gang.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Praveendra @ Patra
Deepak Verma
Nitin Verma
As recorded by the court registry
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