Allowed

Akash v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12708/2019

Case brief

AI extract

What is this about?

In criminal bail application under U.P. Gangsters Act, the court refused to express opinion on merits but granted bail to the applicant on furnishing bond and sureties subject to conditions including no tampering with evidence and cooperation with investigation.

What did the court decide?

Release of applicant on bail on furnishing personal bond and two reliable sureties subject to specified conditions.

Akash 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. - 12708 of 2019

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Applicant :- Akash Opposite Party :- State Of U.P. Counsel for Applicant :- Harish Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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The present bail application has been moved for enlarging the applicant on bail in Case Crime No. 519 of 2018, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhojpur, District Moradabad.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; he has not committed any offence; whole case of the prosecution is concocted and baseless. He is languishing in Jail since 31.01.2019. Learned counsel for the applicant further submits that if the applicant released on bail he shall not misuse the liberty of bail.

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

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Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.

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Let applicant Akash be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount 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 investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.

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

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In case of default, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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Order Date :- 28.3.2019 Akram

Akash v. State of U.P.

Case brief

What is this about?

What did the court decide?

Akash v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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