Allowed

Shyam Bahadur Gaur v. State of U.P.

Allahabad HC4 Jul 2018BAIL/19572/2018

Case brief

AI extract

What is this about?

Court allowed bail application under U.P. Gangster Act noting applicant's prior bail and explanation of criminal history. Applicant to furnish bond and sureties with standard conditions to tamper or intimidate witnesses.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties with conditions to not tamper with evidence or intimidate witnesses.

Shyam Bahadur Gaur Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19572 of 2018

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Applicant :- Shyam Bahadur Gaur Opposite Party :- State Of U.P. Counsel for Applicant :- Satendra Bahadur Yati Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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It is submitted by the learned counsel for the applicant that according to gang chart, only one case had been shown against accused applicant and he is on bail. Criminal history of three cases had been explained. The applicant has been falsely implicated in the present case. He is languishing in jail since 10.08.2017 (more than ten months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.

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On the other hand, learned A.G.A opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P.Gangster and Anti Social Activities (Prevention ) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shyam Bahadur Gaur, involved in Case Crime No. 167 of 2017, under section 3(1) U.P.Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Obra, District Sonbhadra, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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(i). The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/intimidate the prosecution witness.

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(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The applicant shall not directly or indirectly make any

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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 4.7.2018 SKD

Shyam Bahadur Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shyam Bahadur Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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