Allowed

Vikas v. State of U.P.

Allahabad HC25 Sept 2019BAIL/39290/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application under the Uttar Pradesh Gangsters and Anti-Social Activities Prevention Act. The court reasoned that despite the severity of punishment and gang involvement, the applicant deserved bail subject to specific conditions to prevent tampering with evidence or witnesses.

What did the court decide?

Bail allowed; Applicant to be released on personal bond and two sureties subject to conditions against tampering with witnesses and refraining from further criminal activity.

Vikas 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. - 39290 of 2019

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Applicant :- Vikas Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Yadav 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.640 of 2018, under Sections 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Etah, 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 22.08.2019. 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 one case 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 Vikas 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 :- 25.9.2019 I.A.Siddiqui

Vikas v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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