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IN THE HIGH COURT OF ALLAHABAD
PANKAJ BHATIA, J.
Rahul Raidas – Appellant
Versus
State Of Uttar Pradesh Thru. Secy. Deptt. Of Home Lko. – Respondent
Criminal Misc. Bail Application No. - 5722 of 2024
Decided on : 25-05-2024
BAIL - UP Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act - The court granted bail to the applicant, Rahul Raidas, under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, considering that he had previously been granted bail in all related cases and there was no evidence suggesting he would flee or tamper with witnesses. The court emphasized the importance of the applicant's cooperation in the trial process and set specific conditions for his bail.
Fact of the Case:
The applicant, Rahul Raidas, sought bail in a case under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, having been in jail since December 26, 2023, with four cases listed against him in the Gang Chart, all of which had previously resulted in bail being granted.
Finding of the Court:
The court found that the applicant had been granted bail in all related cases and that there was no risk of him fleeing or tampering with witnesses, thus entitling him to bail.
Issues: Whether the applicant is entitled to bail under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act given his previous bail status and the absence of flight risk or witness tampering.
Ratio Decidendi: The court determined that the applicant's prior bail grants in related cases and the lack of opposition to his claims by the learned AGA justified the granting of bail, highlighting the importance of ensuring the applicant's cooperation in the judicial process.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to specific conditions.
JUDGMENT :
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks bail in Case Crime No.63 of 2024 under section 2/3 Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Madhoganj, District Hardoi.
3. Learned counsel for the applicant has submitted that four cases have been shown in the Gang Chart and in all the cases, the applicant has been granted bail. The co-accused has also been enlarged on bail. The applicant is in jail since 26.12.2023. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.
4. Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.
5. Considering the fact that the applicant has been granted bail in all the cases shown against him, the applicant is entitled for the bail. Thus, the bail application is allowed.
6. Let the applicant Rahul Raidas be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties of Rs.20,000/- each with the following conditions:
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
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