Allowed

Pankaj v. State of U.P.

Allahabad HC6 Aug 2020BAIL/20080/2020

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, was considered by Hon'ble Ajit Singh, J., who released the applicant Pankaj on bail during the trial based on his innocence claim and bail in other cases, citing Data Ram.

What did the court decide?

The applicant was released on bail on executing a personal bond and furnishing two sureties, subject to conditions of attending trial and not tampering with witnesses.

Pankaj Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20080 of 2020

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Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Nishant Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 483 of 2019, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali Dehat, district-Etah and is in jail since 31.8.2019, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is absolutely innocent and has been falsely implicated in the present case on the basis of his involvement in four other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the four criminal cases shown against him in the gang chart. Copies of the bail orders which have been collectively annexed as Annexure-3 to the affidavit accompanying this application, hence the applicant is entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in all the four cases mentioned against him in the gang chart.

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Keeping in view the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Pankaj be released on bail in the aforesaid case on his

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executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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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 :- 6.8.2020

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Faridul

Pankaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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