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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Tasleem Alias Sabuni - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Bail Application No. 2355 of 2022
Decided On : 17-01-2023
Bail - Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 - The court considered the nature of the offenses and other attending factors and concluded that the applicant deserved to be enlarged on bail.
Fact of the Case:
The applicant sought release on bail under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, after being in judicial custody for more than four years.
Finding of the Court:
The court, after considering the arguments and perusing the record, found that the applicant deserved to be enlarged on bail based on the nature of the offenses and other attending factors.
Issues: The issue was whether the applicant should be released on bail under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, despite being in custody for more than four years.
Ratio Decidendi: The court's decision was influenced by the nature of the offenses and other attending factors, leading to the conclusion that the applicant deserved to be enlarged on bail.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.
JUDGMENT
Ravindra Maithani, J. - Applicant Tasleem alias Sabuni is in judicial custody in FIR No. 101 of 2018, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Pulbhatta, District Udham 'Singh Nagar. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. It is argued that in all cases, based on which instant case has been planted, the applicant has already been enlarged on bail. The applicant is in custody for more than four years. There is no reason to detain him.
4. Learned State counsel would submit that the applicant is already on bail in all cases based on which instant case has been lodged.
5. Having considered nature of offences and other attending factors, this Court is of the view that the applicant deserves to be enlarged on bail.
6. The bail application is allowed.
7. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.
The court considered the applicant's previous bail grants and the release of the co-accused in the instant case as factors warranting the grant of bail under the U.P. Gangsters and Anti-Social Activi....
The court considered the similar bail granted to co-accused and the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in granting bail to the applicant.
The court emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
The court established that prior bail grants and the nature of allegations must be critically assessed to determine the necessity of continued detention under anti-social activity laws.
The grant of bail was based on the lack of valid grounds for detention and the applicant's previous bail orders.
The court established that prior bail grants in related cases and the absence of flight risk or witness tampering are significant factors in determining eligibility for bail under the Uttar Pradesh G....
Bail under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.
The court considered the lack of evidence connecting the applicant to the alleged offenses and his lack of previous conviction as grounds for granting bail.
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