Ramswaroop Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Ramswaroop Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Ramswaroop 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, subject to conditions (no tampering with prosecution evidence or pressurizing witnesses; sincere cooperation in trial without adjournments; no criminal activity after release), with verification of sureties before the release order.

Issue for consideration

Whether the applicant, involved in Case Crime No. 39 of 2023 under Section 3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, the nature of offence, evidence and complicity of the accused, and without expressing any opinion on the merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the applicant has made out a case for bail.

Ratio / Principle

The applicant Ramswaroop 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, subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournments; (iii) not to indulge in any criminal activity or commission of any crime after release; and the sureties are to be verified before issuance of the release order.

Key takeaways

Breach of any of the bail conditions shall be a ground for cancellation of bail.ratio¶¶16

Detailed headnote1 paragraphs

Bail — Section 3, U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 — single case shown in gang chart, on whose account Gangster Act provisions were imposed; applicant already granted bail in that case and had no other criminal history; in custody since 03.02.2023 — Allahabad High Court (Deepak Verma, J.), keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021) and without expressing any opinion on merits, held that the applicant had made out a case for bail and allowed the bail application, directing release on personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence/witnesses, sincere cooperation in trial without adjournments, and abstention from criminal activity; breach of conditions to be a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:12670

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 547 of 2025

Applicant :- Ramswaroop Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati 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. 39 of 2023, registered under Section 3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Sumerpur, District- Hamirpur, during pendency of the trial.

Learned counsel for the applicant submitted that one case is 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 case shown in the gang chart which is annexed as Annexure-3 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 03.02.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate 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- Ramswaroop , 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.

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

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

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

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

Order Date :- 24.1.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad