Allowed

Pawan v. State of U.P.

Allahabad HC12 Sept 2019BAIL/24944/2019

Case brief

AI extract

What is this about?

In a bail application under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, the court released the applicant pending trial. The court found that without examining the merit of the case on facts, the applicant was entitled to bail.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties subject to conditions of non-tampering and cooperation with trial.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24944 of 2019

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Applicant :- Pawan Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for applicant, learned AGA for State and perused the material available on record.

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This bail application has been filed by the accused-applicant Pawan, who is involved in Case Crime No. 244 of 1995, under Section 2/3 (i) (ii) of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Jhinjhana, District Muzafar Nagar.

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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 seven cases are shown against the accused-applicant, in all the cases he has been released on bail. Applicant is in jail since 12.04.2018. 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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Per contra, 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, rival contention of learned counsel for parties, detention in jail and 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 Pawan 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 trial and shall not

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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 :- 12.9.2019 I.A.Siddiqui

Pawan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pawan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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