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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Satyam Kumar - Appellant
Versus
State of Uttarakhand - Respondent
First Bail Application No. 2595 of 2022
Decided On : 01-12-2022
Bail - Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 - The court granted bail to the applicant under the Act after considering the similar bail granted to co-accused and finding the case fit for bail.
Fact of the Case:
The applicant sought release on bail in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, where the co-accused with a similar role had already been granted bail.
Finding of the Court:
The court found the case fit for bail and granted the applicant's bail application.
Issues:
Ratio Decidendi: The court considered the similar bail granted to co-accused and deemed the case fit for bail, leading to the decision to grant bail to the applicant.
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 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....
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