Allowed

Mahendra Pasi @ Ramlakhan v. State of U.P.

Allahabad HC23 Apr 2019BAIL/16922/2019

Case brief

AI extract

What is this about?

This court allowed a criminal miscellaneous bail application filed by Mahendra Pasi under the U.P. Gangsters Act. The applicant was granted bail on furnishing a personal bond and two sureties subject to specific non-attendance and non-interference conditions.

What did the court decide?

Application allowed; applicant released on bail upon furnishing a personal bond and two reliable sureties of the like amount.

Mahendra Pasi @ Ramlakhan Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16922 of 2019

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Applicant :- Mahendra Pasi @ Ramlakhan Opposite Party :- State Of U.P. Counsel for Applicant :- Bed Prakash Rai Counsel for Opposite Party :- G.A.

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Hon'ble Ghandikota Sri Devi,J.

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Heard Sri Bed Prakash Rai, learned counsel for the applicant, learned AGA for the State and perused the record.

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Applicant- Mahendra Pasi @ Ramlakhan seeks bail in Case Crime No. 355 of 2018, under Sections 2/3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Puramufti, District- Kaushambi.

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Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is next contended that as per gang chart one case alleged to have shown against the applicant, in which he has been granted bail, copy of the bail order annexed as Annexure 4 to this affidavit. It is next contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that the applicant is in jail since 19.03.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph 4 of the affidavit.

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Per contra, learned AGA has opposed the prayer for bail to the applicant but admitted the fact that applicant has been granted bail in the aforementioned cases shown against him in the gang chart and could not dispute the aforesaid facts as argued by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.

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Let applicant Mahendra Pasi @ Ramlakhan be released on bail in the aforesaid case crime number 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

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conditions :-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 23.4.2019 V.S.Singh

Mahendra Pasi @ Ramlakhan v. State of U.P.

Case brief

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Mahendra Pasi @ Ramlakhan v. State of U.P.

Case brief

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