Allowed

Nazim and 2 Others v. State of U.P.

Allahabad HC8 Mar 2019BAIL/4794/2019

Case brief

AI extract

What is this about?

The Court granted bail to three applicants charged under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Bail was encashconditionally requiring personal bond, sureties, strict adherence to trial dates, and specific undertakings regarding their presence at critical stages.

What did the court decide?

Enlargement on bail by execution of personal bond, furnishing two sureties each, and fulfilling specific conditions regarding appearance and undertakings.

Nazim and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4794 of 2019

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Applicant :- Nazim And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Singh,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicants that one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicants have been granted bail by the competent Court, the said fact has been mentioned in para 6 to the affidavit filed in support of bail application. The applicants are in jail since 3.1.2019.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicants- Nazim, Zane Alam and Raees involved in Case Crime No. 801 of 2018, under Section 3(1)U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Hasanpur, District Amroha be enlarged on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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i. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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ii. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section

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229-A of the Indian Penal Code.

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iii.In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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iv.The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 8.3.2019

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aks

Nazim and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nazim and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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