Allowed

Ajay Aka Karmveer Aka Dharmveer and Another v. State of U.P.

Allahabad HC28 Aug 2020BAIL/22611/2020

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangster Act was decided by a Single Judge. The court, without expressing an opinion on merits, held the applicants entitled to bail. They are to furnish a personal bond and two sureties subject to conditions to ensure the trial process.

What did the court decide?

Order releasing the applicants on bail with a personal bond and two sureties on additional conditions regarding evidence tampering, adjournments, presence in court, and framing of charges.

Ajay Aka Karmveer Aka Dharmveer and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 34

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22611 of 2020

¶3

Applicant :- Ajay Aka Karmveer Aka Dharmveer And Another Opposite Party :- State of U.P.

¶4

Counsel for Applicant :- Anjani Kumar Shahwal Counsel for Opposite Party :- G.A.

¶5

Hon'ble Mrs. Sunita Agarwal,J.

¶6

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

¶7

The present bail application has been filed by the applicant in Case Crime No.921 of 2019 under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act' 1986, Police Station- Qwarsi, District- Aligarh.

¶8

The applicants herein has been implicated under Section 2/3 of Gangster Act on the ground that four criminal cases of theft had been lodged against them. In each case, the applicants have been enlarged on bail by the competent court. The bail orders dated 10.10.2019, 18.10.2019, 03.10.2019 & 18.03.2019 have been brought on record. It is further contended that the assertion in the gang chart that the applicants constitute a gang which had indulged in illegal or anti social activity is absolutely false. The Gangster Act has been imposed in order to keep the applicants behind the bar. The applicants are languishing in jail since 25.07.2019.

¶9

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

¶10

Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicants are entitled to be enlarged on bail.

¶11

Let applicants- Ajay @ Karmveer @ Dharmveer and Raj Kumar @ Bhuvnesh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

¶12

(i) The applicants shall not tamper with the evidence or threaten the witnesses;

¶13

(ii) The applicants shall file an undertaking to the effect that

¶14

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;

¶15

(iii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶16

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

¶17

(v) 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 him in accordance with law.

¶18

Order Date :- 28.8.2020 Himanshu

Ajay Aka Karmveer Aka Dharmveer and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ajay Aka Karmveer Aka Dharmveer and Another 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

Similar cases

Room Singh Vs State of U.P.

Harsh Vardhan @ Umesh Gupta Vs State of U.P. and Another

Mohammad Irfan Mutawalli and Another Vs State of U.P.

Dilwar @ Dilawar Vs State of U.P.

Farhan Vs State of U.P.

Abdullah and Another Vs State of U.P.