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2015 DIGILAW 2925 (ALL)

Pappu Singh @ Akhilesh Singh v. State of U. P.

2015-09-16

KARUNA NAND BAJPAYEE

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JUDGMENT Karuna Nand Bajpayee, J. Counsel for the applicant is permitted to make necessary correction in the memo of bail application. 2. Heard learned counsel for the applicant and learned A.G.A. 3. Perused the record. 4. Submission of counsel for the applicant is that co-accused Rana Singh Yadav has already been released on bail by another Bench of this Court on 17.8.2015. The chief plank of the submissions made on behalf of accused is that in the case which has been made the basis to impose the provisions of Gangsters Act against the accused, he has already been granted bail by the Court. Contention is that the provisions of the Act have been ill-used by the Police in order to perpetuate the detention of the applicant in jail anyhow even though the offence under the aforesaid Act is not made out. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Counsel for the applicant has also tried to demonstrate that the alleged previous offence which is said to have been committed by the applicant can at the most be said to be stray incident of breach of law having no nexus with the definition of a gangster as has been provided in the Act. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has also been pointed out that the accused is in jail since 14.05.2015 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact of applicant having been released on bail in the criminal case which has been shown to be the basis of imposing the provisions of the Act. 6. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact of applicant having been released on bail in the criminal case which has been shown to be the basis of imposing the provisions of the Act. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 7. Let the applicant-Pappu Singh alias Akhilesh Singh, involved in Case Crime No. 660 of 2015, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Ghazipur, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions : - (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. 8. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 9. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.