Shyamu Pasi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27286 of 2023 Applicant :- Shyamu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Dohare Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Counter affidavit filed on behalf of the State is taken on record. The same be indexed by the office.

¶2The instant bail application has been filed by the applicant-Shyamu Pasi, seeking enlargement on bail in Case Crime No.355 of 2022, under Sections-392, 411 I.P.C., Police Station-Fafamau, District-Prayagraj, during pendency of the trial.

¶3From perusal of record, it transpires that the applicant has 31 criminal case to his credit including the case under sections-302, 394 and 392 I.P.C. The criminal cases are started from the year 2014 to 2023 regularly. The applicant has been accused of loot, dacoity, attempt to commit murder, theft, kidnapping and abduction, recovery of looted and stolen articles and also of explosive substance Act.

¶4Conditions of bail under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 has been enumerated in Section-19(4)(b) of the Act, 1986. According to which, when the Court would be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that there is no likelihood to commit any offence while on bail, only then a bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 can be allowed.

¶5Considering the nature and involvement of the accused in different types of serious cases, this Court is not satisfied that the applicant is not guilty of the offences shown in the gang chart and other offences to the credit of the accused and this Court is also not satisfied that if the accused is released on bail, he would not commit such offence in future. Therefore, this application is devoid of merits and the bail application is liable to be dismissed.

¶6The bail application is dismissed accordingly.

¶7However, it is directed that the trial court concerned shall conclude the trial within six months from today. Order Date :- 31.10.2023/Saif High Court of Judicature at Allahabad