Back
RAVINDRA MAITHANI
Satyam Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Satyam Kumar is in judicial custody in FIR No.44 of 2022, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station ITI, 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 submitted that the co-accused having similar role have already been granted bail.
4. Learned State counsel admits this fact.
5 Having considered, this Court is of the view that it is a case fit for bail and 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 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 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 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 principle of parity in granting bail based on the similarity of roles with co-accused.
The court established that changed circumstances and lack of evidence of threats can justify the granting of bail, even after previous cancellations.
The court may grant bail after considering factors such as the nature of the case, the co-accused's bail status, and the applicant's criminal record.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
