Shripal vs. State Of U.P.

Held

The Court held that the applicant is a fit case for bail. While not expressing an opinion on the merits of the case, the Court considered the submissions made by both parties. The reasoning appears to be primarily based on the fact that the applicant had been granted bail in all the six underlying cases that constituted the gang chart. This suggests that the applicant was not considered a flight risk or a danger to society in those individual cases. The Court granted bail to the applicant, Shripal, subject to furnishing a personal bond and two sureties to the satisfaction of the court. Specific conditions were imposed, including not tampering with evidence, not intimidating witnesses, cooperating with the trial, and appearing on each date fixed by the trial court unless exempted. The Court explicitly stated that it was not expressing any opinion on the merits of the case.

Facts

The applicant, Shripal, is seeking bail in a case under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The prosecution has presented a gang chart showing six previous cases against the applicant, which form the basis for the gangster charge. The applicant has been incarcerated since June 17, 2016. The specific case in question is Case Crime No. 326 of 2016, with a GST number of 44/2017, registered at Police Station Aliganj, District Etah. The applicant's counsel argued that bail had been granted in all the six underlying cases listed in the gang chart.

Key Issues

1. Whether the applicant is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, 1973, considering the facts and circumstances of the case and the arguments advanced by the parties? Petitioner's Argument: The learned counsel for the applicant contended that the applicant has been granted bail in all six cases that form the basis of the gangster charge. This implies that the underlying offenses were not considered serious enough to deny bail individually, and therefore, the gangster charge should not be a bar to bail. The applicant has also been in jail for a significant period. Revenue/State's Argument: The learned AGA opposed the prayer for bail, without elaborating on specific arguments or legal provisions relied upon.