Allowed

Rustam Ali v. State of U.P.

Allahabad HC24 Apr 2019BAIL/17141/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Rustam Ali against the State of U.P. The single bench entertained the application, heard counsel, and perused the record. It was held that the applicant is a fit case for bail subject to specific conditions regarding sureties and conduct.

What did the court decide?

Release on bail in Crime No.405 of 2018 on personal bond and two sureties subject to strict conditions including non-tampering and non-violation of law.

Rustam Ali 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. - 17141 of 2019

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Applicant :- Rustam Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Krishna Dev Mishra,Amar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for applicant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that there is only one case shown in the gang chart against applicant, in which case applicant is on bail, the bail order is annexed as Annexure no.3 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 19.03.2019.

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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 Rustam Ali be released on bail in Case Crime No.405 of 2018, under Sections 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Shivkuti, District Allahabad, 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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Rustam Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rustam Ali v. State of U.P.

Case brief

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What did the court decide?

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