Facts of the Case

The applicant, Atul Kumar, filed a bail application before the Allahabad High Court in connection with Case Crime No. 574 of 2009, GST No. 129 of 2010, registered under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The prosecution relied upon four criminal cases forming the gang chart. However, the applicant had already been granted bail in each of those cases. The applicant further submitted that he had remained in judicial custody since 01.07.2022 and sought regular bail during the pendency of the trial.

Issues Involved

  1. Whether the applicant was entitled to bail under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
  2. Whether the grant of bail in all predicate offences mentioned in the gang chart constituted a valid ground for granting bail in the Gangsters Act case.
  3. Whether continued detention of the applicant was justified pending conclusion of the trial.

Petitioner's Arguments

  • The applicant contended that he had been falsely implicated due to ulterior motives.
  • It was argued that the gang chart relied upon four criminal cases, and the applicant had already been granted bail in all those cases.
  • The applicant had been in custody since 01.07.2022.
  • It was submitted that if released on bail, the applicant would not misuse the liberty, would cooperate with the trial proceedings, and would comply with all conditions imposed by the Court.

Respondent's Arguments

  • The learned Additional Government Advocate opposed the bail application.
  • However, the State could not dispute the factual position that the applicant had already been granted bail in all four cases mentioned in the gang chart.

Court Order / Findings

The Allahabad High Court observed that the applicant had already secured bail in all four criminal cases forming the basis of the gang chart. Considering this significant fact and the overall circumstances of the case, the Court held that the applicant had made out a fit case for grant of bail pending conclusion of the trial.

Accordingly, the Court allowed the bail application and directed the release of the applicant on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the trial court, subject to conditions including:

  • The applicant shall not tamper with evidence.
  • The applicant shall not influence witnesses.
  • The applicant shall appear before the trial court on every date fixed unless exempted.
  • The applicant shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case or otherwise interfere with the administration of justice.
  • In case of violation of any condition, the prosecution would be at liberty to seek cancellation of bail.

Important Clarification

  • Grant of bail in the predicate offences forming the basis of the gang chart is a significant factor while considering bail under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
  • The order does not amount to an acquittal and is confined to the grant of bail pending trial.
  • Compliance with all bail conditions remains mandatory, failing which the prosecution may seek cancellation of bail.

Sections Involved

  • Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986

Link to Download the Order-https://mytaxexpert.co.in/uploads/1784807750_1921compressed.pdf

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