Allowed

Premveer v. State of U.P

Allahabad HC19 Sept 2019BAIL/37532/2019

Case brief

AI extract

What is this about?

Criminal court allowed bail application for an accused under the UP Gangsters Act. The court considered enmity, lack of history, and no flight risk, granting bail subject to conditions including cooperation with trial and abstinence from criminal activities.

What did the court decide?

Released Premveer on bail via personal bond and two sureties, subject to conditions against tampering witnesses or criminal activities.

Premveer Vs State of U.P — Labour and Industrial Disputes | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37532 of 2019

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Applicant :- Premveer Opposite Party :- State Of U.P Counsel for Applicant :- Rajesh Kumar Mishra 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, learned A.G.A. for State and perused the material available on record.

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Accused-applicant, involved in Case Crime No. 0501 of 2017, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Awala, District Bareilly, applied for bail.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submits that in all cases shown in gang chart against the accused-applicant, he has been released on bail. Applicant is in jail since 22.8.2019 and he has no criminal history. 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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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 and submitted that applicant is a member of gang, having two cases against him, as shown in gang chart.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed .

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Let applicant Premveer be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking 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 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 or case.

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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 :- 19.9.2019 Manoj

Premveer v. State of U.P

Case brief

What is this about?

What did the court decide?

Premveer v. State of U.P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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