Kamleshwar Yadav Vs State of U.P.

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2462 of 2018

Applicant :- Kameshwar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- Government Advocate

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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 the State and perused the record.

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This bail application has been moved by the accused-applicant Kameshwar Yadav, who is involved in Case Crime No. 96/2017, under Section 3(1) of Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station - Kandawa, District - Chandauli.

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It is contended by learned counsel for the applicant that there is only one case shown in the gang chart against the applicants in which he is on bail. The bail order is produced for perusal. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 28.09.2017.

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Per contra, learned A.G.A. has opposed the prayer for bail.

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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 that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself other person.

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After perusal of record and considering the complicity of accused, severity of punishment and totality of 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 Kameshwar Yadav be released on bail in aforesaid case crime on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Accordingly, the instant bail application is allowed.

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Order Date :- 24.1.2018 Sharad/-

Kamleshwar Yadav v. State of U.P.

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Kamleshwar Yadav v. State of U.P.

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