Allowed

Kamlesh Kumar Yadav and Another v. State of U.P.

Allahabad HC15 Mar 2019BAIL/7900/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 7900 of 2019, the High Court released two applicants on bail in an offence under the U.P. Gangster and Anti-Social Activities Act, relying on parity with a co-accousd and Article 21, without adjudicating the merits of their case.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each, subject to standard conditions of appearing in court and not interfering with evidence.

Kamlesh Kumar Yadav and Another 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. - 7900 of 2019

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Applicant :- Kamlesh Kumar Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ashok Kumar Maurya, learned counsel for the applicants, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicants that the coaccused Arvind Kumar Gupta having similar role has been granted bail by this Court vide order dated 28.02.2019 in Criminal Misc. Bail Application No. 8831 of 2019 a copy of said orders have been produced by the learned counsel for the applicant, which are taken on record and the case of the applicants stands on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are in jail since 21.01.2019

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicants Kamlesh Kumar Yadav and Vikas Yadav be released on bail in Case Crime No. 276 of 2018, under Sections 2/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police StationKotawali, District- Ballia 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 applicants will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants 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 applicants to prison.

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Order Date :- 15.3.2019 Arti

Kamlesh Kumar Yadav and Another v. State of U.P.

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Kamlesh Kumar Yadav and Another v. State of U.P.

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