Allowed

Abhishek Pal and Another v. State of U.P.

Allahabad HC1 Oct 2020BAIL/28602/2020

Case brief

AI extract

What is this about?

In a bail application under U.P. Gangster Act, 1986, the High Court of Allahabad reconsidered the matter. The court found that the applicants made out a case for bail and allowed them to be released on personal bond with conditions.

What did the court decide?

Release on bail including personal bond and two sureties subject to undertakings regarding cooperation and no criminal activity.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28602 of 2020

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Applicant :- Abhishek Pal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pal,Dewarshi Kumar Rai

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Vipin Chandra Pal, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants-Abhishek Pal and Pateng with a prayer to release him in Case Crime No.93 of 2020, registered under Sections 3(1) of U.P. Gangster and Anti Social Actitivies (Prevention) Act, 1986, Police Station Sidhari, District Azamgarh during pendency of the trial.

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Learned counsel for the applicant submitted that the applicants are innocent having no criminal history except the crime shown in the gang chart. He next contended that the applicants have been falsely implicated in the present case due to manipulation of the complainant on the basis of enmity. Gang chart has been annexed as Annexure 3 to the application which shows that the applicants are involved in only one case on that Section 3(1) of U.P. Gangster and Anti Social Actitivies (Prevention) Act, 1986 has been imposed. He further contended that the applicants having reputation in the society and no case under the U.P. Gangster and Anti Social Actitivies (Prevention) Act, 1986 is made out. The applicant is languishing in jail since 05.06.2020. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, namely, Abhishek Pal and Pateng, who are involved in Case Crime No.93 of 2020, registered under Sections 3(1) of U.P. Gangster and Anti Social Actitivies (Prevention) Act, 1986, Police Station Sidhari, District Azamgarh, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 1.10.2020 Nitin Verma

Abhishek Pal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Pal and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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