Allowed

Chhotu @ Ayush v. State of U.P.

Allahabad HC6 Jul 2018BAIL/16756/2018

Case brief

AI extract

What is this about?

Bail application allowed for applicant accused under IPC and U.P. Gangsters & Anti-Social Activities Act. Court noted lack of evidence regarding violence or recovery of property and no disturbance of public order. Released on personal bond and sureties.

What did the court decide?

Released on bail under Section 2/3 U.P. Gangsters & Anti-Social Activities Act, 1986 on personal bond and two sureties.

Chhotu @ Ayush Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16756 of 2018

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Applicant :- Chhotu @ Ayush Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

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Learned counsel for the applicant contended that applicant has been made accused in this case on the basis of two cases shown in the gang chart as Case Crime No. 1045/2017 under Section 307 I.P.C., and Case Crime No. 1047/2017 under Sections 411, 414, and 420 I.P.C., Police Station Baraut, District Baghpat. In both cases, applicant is on bail. Although the applicant is involved in other four cases but he is on bail in all that cases. Applicant is languishing in jail since 17.02.2018.

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Learned A.G.A. opposed the prayer of bail, however, admitted this fact that applicant has been made accused in this case on the basis of these two cases i.e. Case Crime No. 1045/2017 under Section 307 I.P.C., Case Crime No. 1047/2017 under Sections 411, 414, and 420 I.P.C. He further admitted this fact that there is no evidence to show that any stolen motorcycle has been recovered from the possession of applicant.

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There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and such activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

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Let the applicant Chhotu @ Ayush be released on bail in Case Crime No. 215/2018, under Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station-Baraut, District Baghpat on furnishing a personal bond and two sureties in the like amount to the satisfaction of court concerned.

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Accordingly, the instant bail application is allowed.

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Order Date :- 6.7.2018 Sharad/-

Chhotu @ Ayush v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhotu @ Ayush v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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