Supreme Court - Daily Orders
Gorakh Nath Mishra vs State Of U.P. on 28 March, 2022
Bench: D.Y. Chandrachud, Surya Kant
Crl.A.506/2022
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No 506 of 2022
(Arising out of SLP (Crl) No 5526 of 2020)
Gorakh Nath Mishra Appellant
Versus
State of Uttar Pradesh Respondent
ORDER
1 Leave granted.
2 The appeal arises from an order of a Single Judge of the High Court of Judicature at Allahabad dated 1 October 2020 declining to grant anticipatory bail.
3 The appellant apprehended arrest in Case Crime No 169 of 2018 registered under Section 3(1) of the UP Gangster & Anti Social Activities Prevention Act 1986 at police station Khajani, District Gorakhpur. 4 Notice was issued in these proceedings on 26 November 2020 and an interim direction restraining coercive action against the petitioner was issued. Signature Not Verified Digitally signed by Chetan Kumar Date: 2022.03.29 16:36:43 IST Reason: Crl.A.506/2022 2 5 On 22 February 2022, the State was granted time to file an additional affidavit. In pursuance of the order, an additional affidavit has been filed in which it has been stated that there is a solitary FIR against the appellant, namely, Case Crime No 633 of 2017 under Sections 419, 420, 447, 511 and 120B of the Indian Penal Code, registered at PS Cantt, District Gorakhpur. The registration of Case Crime No 169 of 2018 under Section 3(1) of the UP Gangster & Anti Social Activities Prevention Act 1986 is on the basis of the solitary FIR. In paragraph 4 of the additional affidavit, it has been stated thus:
“That it is respectfully reiterated that a four-member committee has been formed on the basis of letter dated 14.01.2021 of Deputy Inspector General of Police / Senior Superintendent of Police, Gorakhpur, to decide the applicability of the Gangster Act on the Petitioner in the present case.
Further proceedings under the Gangster Act against the Petitioner have been stopped as per orders. The decision of the said committee is awaited.” 6 In the above backdrop, we are inclined to confirm the order dated 26 November 2020.
7 We accordingly order and direct that in the event of the arrest of the appellant, he shall be released on bail on such terms and conditions as may be imposed by the trial court. The appellant shall however appear before the Investigating Officer and cooperate in the investigation whenever called upon to do so.
Crl.A.506/20223 8 The appeal is accordingly disposed of.
9 Pending applications, if any, stand disposed of.
….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [Surya Kant] New Delhi;
March 28, 2022
CKB
Crl.A.506/2022
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ITEM NO.33 Court 4 (Video Conferencing) SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.5526/2020 (Arising out of impugned final judgment and order dated 01-10-2020 in CRMABA No.5092/2020 passed by the High Court of Judicature at Allahabad) GORAKH NATH MISHRA Petitioner(s) VERSUS STATE OF U.P. Respondent(s) (With appln.(s) for IA No.115025/2020-EXEMPTION FROM FILING O.T. and IA No.115026/2020-EXEMPTION FROM FILING AFFIDAVIT) Date : 28-03-2022 This petition was called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Sadashiv, AOR Mr. Rajendra Soni, Adv.
Mr. Nishant Sanjay Kumar Singh, Adv. Mr. Pawan Kumar, Adv.
For Respondent(s) Mr. Vinod Diwakar, AAG Ms. Alka Sinha, Adv.
Mr. Anuvrat Sharma, AOR UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.Crl.A.506/2022 5
2 The appeal is disposed of in terms of the signed order.
3 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Court Master
(Signed order is placed on the file)