Allowed

Sazid Alias Kallan v. State of U.P.

Allahabad HC27 Mar 2019BAIL/12380/2019

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 3(1) of the U.P. Gangster Act, the court allowed the applicant's bail pending trial. Conditions comprising furnishing a bond with two sureties and restrictions on tampering with evidence and unlawful activities were imposed.

What did the court decide?

Applicant released on bail upon furnishing a personal bond with two sureties and complying with specified conditions.

Sazid Alias Kallan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12380 of 2019

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Applicant :- Sazid Alias Kallan Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant, who is involved in case crime no. 12 of 2019, under Sections 3(1) U.P. Gangster Act, P.S. Tanda, District- Rampur, is seeking enlargement on bail during the trial.

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It is contended by learned counsel for the applicant that according to gang chart annexed as Annexure no.2 with the bail application, three cases have been shown against the applicant and the applicant has been granted bail in all the above cases. The bail orders dated 21.2.2019, 21.2.2019 and 18.01.2019 of the aforesaid cases, in which, the applicant has already been enlarged on bail, appended with the bail application of the applicant. It is next contended that the applicant has been falsely implicated in the present case. The applicant is languishing in jail since 09.01.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Sazid Alias Kallan , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and

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will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 27.3.2019 AK Pandey

Sazid Alias Kallan v. State of U.P.

Case brief

What is this about?

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Sazid Alias Kallan v. State of U.P.

Case brief

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