Allowed

Gulfam v. State of U.P.

Allahabad HC24 Apr 2019BAIL/17123/2019

Case brief

AI extract

What is this about?

In a criminal bail application, the Single Judge considered the applicant's lack of criminal history and the fact that bail was already granted in related cases. Finding it a fit case for bail, the court ordered the applicant's release subject to conditions.

What did the court decide?

The applicant was released on bail under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, on furnishing a personal bond and two sureties subject to specific conditions of

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

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Court No. - 40

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17123 of 2019

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Applicant :- Gulfam Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard Shri Sunil Kumar Dubey, Advocate holding brief of Shri Sanjay Kumar Dubey learned counsel for applicant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that there are 2 cases shown in the gang chart against applicant, and in both cases applicant is on bail, the bail orders are filed at Annexure no.2 to the affidavit; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 09.04.2019.

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Learned A.G.A. vehemently opposed the prayer of bail.

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Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicant Gulfam be released on bail in Case Crime No.878 of 2017, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.Sikandrarau, District Hathras, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and 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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Order Date :- 24.4.2019

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Gulfam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulfam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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