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    Bail (A) 3854 2023

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    shubhashish singh
    The applicant, Voota Singh, applied for bail in a criminal case where he was accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act based solely on being listed in a gang chart. The applicant's lawyer argued he was neither a gang member nor leader and had been granted bail in the sole prior case listed in the chart. While the state opposed bail, they did not dispute the applicant's arguments. Given that the applicant has been in jail since September 2022 and was granted bail in the prior case, the court viewed it as a fit case for bail with conditions, without expressing opinion on the case's merits.

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    © All Rights Reserved
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    Bail (A) 3854 2023

    Uploaded by

    shubhashish singh
    37 views2 pages
    The applicant, Voota Singh, applied for bail in a criminal case where he was accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act based solely on being listed in a gang chart. The applicant's lawyer argued he was neither a gang member nor leader and had been granted bail in the sole prior case listed in the chart. While the state opposed bail, they did not dispute the applicant's arguments. Given that the applicant has been in jail since September 2022 and was granted bail in the prior case, the court viewed it as a fit case for bail with conditions, without expressing opinion on the case's merits.

    Original Description:

    Order

    Original Title

    BAIL(A)_3854_2023

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    The applicant, Voota Singh, applied for bail in a criminal case where he was accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act based solely on being listed in a gang chart. The applicant's lawyer argued he was neither a gang member nor leader and had been granted bail in the sole prior case listed in the chart. While the state opposed bail, they did not dispute the applicant's arguments. Given that the applicant has been in jail since September 2022 and was granted bail in the prior case, the court viewed it as a fit case for bail with conditions, without expressing opinion on the case's merits.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    37 views2 pages

    Bail (A) 3854 2023

    Uploaded by

    shubhashish singh
    The applicant, Voota Singh, applied for bail in a criminal case where he was accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act based solely on being listed in a gang chart. The applicant's lawyer argued he was neither a gang member nor leader and had been granted bail in the sole prior case listed in the chart. While the state opposed bail, they did not dispute the applicant's arguments. Given that the applicant has been in jail since September 2022 and was granted bail in the prior case, the court viewed it as a fit case for bail with conditions, without expressing opinion on the case's merits.

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    © All Rights Reserved
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    of 2

    Court No.

    - 84

    Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3854 of


    2023

    Applicant :- Voota Singh


    Opposite Party :- State of U.P.
    Counsel for Applicant :- Shubhashish Singh,Abhinab Mishra
    Counsel for Opposite Party :- G.A.

    Hon'ble Sameer Jain,J.

    Heard Sri Abhinab Mishra, learned counsel for the applicant and
    Sri Ghanshyam Mishra, learned Brief Holder for the State-
    respondent.

    The instant application has been filed seeking release of the


    applicant on bail in Case Crime No. 188 of 2022, under Sections
    2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act,
    1986, Police Station Aliganj, District Bareilly during pendency of
    the trial in the court below.

    Applicant was made accused in the present case on the basis of


    solitary case shown against him in the gang chart.

    Learned counsel for the applicant submitted that on the basis of


    solitary case shown in the gang chart, applicant has been made
    accused in the present matter. He further submitted that applicant
    is neither member nor leader of any gang and he never indulged in
    any anti-social activity and in the solitary case shown in the gang
    chart, he has already been released on bail. He further submitted
    that apart from the solitary case shown in the gang chart, applicant
    is having criminal history of four cases, in which, in three cases he
    has already been released on bail and in another case he has been
    acquitted by the court concerned and in the present matter, he is in
    jail since 29.09.2022, therefore, he may be released on bail.

    Per contra, learned AGA opposed the prayer for bail but could not
    dispute the factual arguments advanced by learned counsel for the
    applicant.

    I have heard learned counsel for the parties and perused the record
    of the case.

    It appears that on the basis of the solitary case shown in the gang
    chart applicant made accused in the present case and in that case,
    he has already been enlarged on bail although apart from the cases
    shown in the gang chart, applicant is having criminal history of
    four other cases, in which, in three cases he has already been
    released on bail and in another case he has been acquitted by the
    court concerned and in the present matter, he is in jail since
    29.09.2022 therefore, this Court is of the view that it is a fit case to
    release the applicant on bail.

    In the light of discussions made above, without expressing any


    opinion on the merits of the case, the instant bail application is
    allowed.

    Let the applicant- Voota Singh be released on bail in the aforesaid


    case on furnishing a personal bond and two sureties each in the
    like amount to the satisfaction of the court concerned with the
    following conditions:-

    (i) The applicant shall appear before the trial court on the dates
    fixed, unless his personal presence is exempted.

    (ii) The applicant shall not directly or indirectly, make inducement,


    threat or promise to any person acquainted with the facts of the
    case so as to dissuade him from disclosing such facts to the Court
    or any police officer or tamper with the evidence.

    (iii) The applicant shall not indulge in any criminal and anti-social
    activity.

    In case of breach of any of the above condition, the prosecution


    will be at liberty to move an application before this Court for
    cancellation of the bail of the applicant.

    Order Date :- 17.2.2023


    AK Pandey

    Digitally signed by :-
    ANUPAM KUMAR PANDEY
    High Court of Judicature at Allahabad

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