Atul Kumar vs. State Of U.P.
Held
The Court held that the applicant, Atul Kumar, has made out a case for being enlarged on bail pending the conclusion of the trial. The reasoning was based on the fact that the applicant had already been granted bail in all four cases that constituted the gang-chart against him. The Court found this to be a significant factor in favour of granting bail. Consequently, the bail application was allowed. The operative directions were that the applicant be released on bail upon furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned, subject to specific conditions including not tampering with evidence, not influencing witnesses, appearing before the trial court, and not inducing, threatening, or promising anyone to dissuade them from disclosing facts. The Court also stated that in case of breach of any condition, the prosecution could move an application for cancellation of bail.
Facts
This is a bail application filed by Atul Kumar (the applicant) seeking release from custody in Case Crime No. 574 of 2009, GST No. 129 of 2010, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant contends he has been falsely implicated and that he has already been granted bail in the four cases listed in the gang chart against him. He has been in jail since July 1, 2022, and assures cooperation with the trial. The State (opposite party) opposed the bail but did not dispute the applicant's submissions regarding prior bail orders.
Key Issues
1. Whether the applicant, Atul Kumar, is entitled to be enlarged on bail in Case Crime No. 574 of 2009, GST No. 129 of 2010, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, pending trial? Petitioner's Arguments: The applicant argued that he has been falsely implicated due to an ulterior motive. He further submitted that he has already been granted bail in all four cases mentioned in the gang chart against him. The applicant stated he has been incarcerated since July 1, 2022, and assured that he would not misuse his liberty if released on bail and would cooperate with the trial proceedings. Revenue/State's Arguments: The learned A.G.A. for the State opposed the prayer for bail but could not dispute the facts presented by the applicant.
Sections Cited
Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
AI-generated summary — verify with the full judgment below
Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40302 of 2022 Applicant :- Atul Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Arjun Singh Solanki Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 574 of 2009, GST No.129 of 2010, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Marhara District Etah.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that in the present case four cases have been shown in the gang chart against the applicant in which the applicant has been released on bail. It is further submitted that the applicant is languishing in jail since 01.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute
The judgment continues below.
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