Court No. - 19
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24426 of 2021 Applicant :- Sabir Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Shree Prakash Giri Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. This is the second bail application.The first bail application was rejected by a reasoned order.
2. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
3. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.219 of 2021, under Sections 2 and 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, Police Station-Shamshabad, District-Agra.
4. Learned counsel for the applicant has raised only one submission that the co-accused has been granted bail despite they were involved in large number of cases, therefore, a case of parity is made out. The applicant is languishing in jail since 9.1.2020, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.
5. Learned A.G.A. has vehemently opposed the bail application and submitted that in all the cases where the co-accused has been granted bail mandatory provisions of Section 19 (4) of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986 (hereinafter referred to as the "Act 1986") has not been considered.
6. I have gone through the orders whereby the co-accused were granted bail and it appears that the learned Standing Counsel appearing in those bail applications have not apprised the Court about the legal position of mandatory requirement of Section 19 (4) of the Act 1986.
For reference, operative portion of bail granted to co-accused Sahab Singh in Criminal Misc. Bail Application No.1917 of 2021 vide order dated 12.1.2021, Akash Verma in Criminal Misc. Bail Application No.8412 of 2021, vide order dated 22.2.2021, Kartar, Suresh and Ramhet in Criminal Misc. Bail Application No.49095 of 2020 vide order dated 13.1.2021 are reproduced below:
"(i) Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Sahab Singh involved in case crime no.219 of 2020, under Section 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, P.S. Shamshabad, District Agra be released on bail "
"(ii) .......Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, let the applicant- Akash Verma, involved in Case Crime No. 219 of 2020, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Shamshabad, District- Agra, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. "
"(iii) Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicants have made out a case for bail. Hence the bail application is allowed. "
7. It is apparent from above referred operative parts of order of co-ordinate benches that mandatory provisions of Section 19 (4) of the Act, 1986 which was discussed at length while rejecting the first bail application, were not considered, therefore, no case of parity is made out.
8. Accordingly, this second bail application is rejected. Order Date:-12.8.2021 SB