Rangilal vs State Of U.P.
2019 Latest Caselaw 2767 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14877 of 2019
 
Applicant :- Rangilal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Kumar Chaudhary
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Further submission is that there is no criminal history except this case against the applicant. The applicant for the offence under Sections 457, 380, 411 IPC has already been bailed out by the court below. Hence, there appears no sound reason why the proceedings under the U.P. Gangster Act has been initiated against the applicant. The applicant is languishing in jail since 28.2.2019. The applicant undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has opposed the prayer of bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

Accordingly, bail application is allowed.

Let the applicant - Rangilal involved in Case Crime No. 324 of 2018, under Sections- 457, 380, 411 I.P.C. and Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station - Kotwali Bansi, District - Siddharth Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 10.4.2019/RCT