Raju @ Chhotu Patel v. State of U.P.

Allahabad HC14 Feb 2025BAIL/4801/2025

Case brief

AI extract

What is this about?

Bail allowed; U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Section 3(1); Case Crime No. 1 of 2025; police station Sant Nagar, district Mirzapur; applicant Raju @ Chhotu Patel; gang chart; three prior cases with bail already granted (Annexure Nos. 3, 4, 5); custody since 01.01.2025; personal bond and two sureties; conditions against tampering, adjournments and further crime; neutral citation 2025:AHC:21233; decided 14.2.2025 by Justice Sanjay Kumar Singh, High Court of Judicature at Allahabad.

What did the court decide?

Bail granted to applicant Raju alias Chhotu Patel in Case Crime No. 1 of 2025 (Section 3(1), U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Sant Nagar, district Mirzapur) on furnishing a personal bond and two sureties each in the like amount, subject to the enumerated conditions.

Raju @ Chhotu Patel vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Raju @ Chhotu Patel, arraigned in Case Crime No. 1 of 2025 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (police station Sant Nagar, district Mirzapur), should be released on bail during the pendency of trial.

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Court's answer

The bail application is allowed without expressing any opinion on the merits.

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Ratio / Principle

The applicant Raju alias Chhotu Patel is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence or intimidate/pressurise witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity; breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties is to be verified by the court concerned before the bonds are accepted.ratio¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.) allowed the bail application of Raju @ Chhotu Patel in Case Crime No. 1 of 2025 under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Sant Nagar, district Mirzapur, without expressing any opinion on the merits. The applicant was to be released on a personal bond with two sureties each in the like amount, subject to conditions of not tampering with evidence or witnesses, cooperating in trial without adjournments, and abstaining from criminal activity, breach being a ground for cancellation. Counsel had urged false implication due to previous criminal history, absence of gang membership, prior grant of bail in the three gang-chart cases, and custody since 01.01.2025; the Additional Government Advocate opposed citing gang membership and risk of witness intimidation.

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Neutral Citation No. - 2025:AHC:21233

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4801 of 2025

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Applicant :- Raju @ Chhotu Patel Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Raghuvanshi,Ritesh Kumar Singh,Shivendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 1 of 2025, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Sant Nagar, district Mirzapur during the pendency of trial.

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It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in three criminal cases, in which he has already been enlarged on bail, copy of bail orders has been brought on record as Annexure Nos. 3, 4 and 5 to the bail application. Learned counsel for the applicant brings the attention of the Court towards paragraph No. 11 in support of his bail application, wherein, he has disclosed that the applicant has falsely been implicated in the present case due to his previous criminal history. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 01.01.2025 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, he will

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again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

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Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed .

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Let the applicant- Raju alias Chhotu Patel , involved in the aforesaid case 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 with the following conditions that :-

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(i). The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii). The applicant 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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.2.2025 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Raju @ Chhotu Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raju @ Chhotu Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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