Allowed

Chand v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12687/2019

Case brief

AI extract

What is this about?

Single-judge criminal court allowed a bail application filed by Chand under the UP Gangsters Act. The court was satisfied that the applicant was not a flight risk and ordered his release subject to specific conditions regarding sureties and conduct.

What did the court decide?

Release on bail upon furnishing a personal bond and two reliable sureties, subject to conditions against tampering and participation in criminal activities.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12687 of 2019

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Applicant :- Chand Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Shri Kuldeep Kumar, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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This bail application has been filed by the accused-applicant Chand S/o Saeed Kuraisi, who is involved in Case Crime No. 89 of 2019, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kakod, District Bulandshahar.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been concocted by the police. He further submitted that in the gang chart five cases are shown against the accused-applicant, in all the cases he has been released on bail. Applicant is in jail since 05.12.2018. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Chand S/o Saeed Kuraisi be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 28.3.2019 I.A.Siddiqui

Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chand v. State of U.P.

Case brief

What is this about?

What did the court decide?

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