Allowed

Anish v. State of U.P.

Allahabad HC7 Oct 2020BAIL/30877/2020

Case brief

AI extract

What is this about?

Single Judge Court allowed a bail application filed by Anish under the U.P. Gangsters Act. The court held that the applicant made out a case for bail, subject to conditions including furnishing a personal bond and future sureties after normal court functioning is restored.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties (to be verified after normal court functioning is restored) subject to strict conditions against tampering with witnesses and committing new

Anish 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. - 30877 of 2020

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Applicant :- Anish Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant Anish, with a prayer to release him in Case Crime No.141 of 2020, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Araniya, District Bulandshahar, during pendency of the trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, only two cases have been shown against the applicant in which he has already been enlarged on bail by the court concerned vide orders dated 13.03.2020 (Annexure 3 to the bail application). It is further submitted that except the cases shown in the gang chart no other case is pending against the applicant. The applicant is not a member of any gang. The applicant is languishing in jail since 25.02.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and cooperate 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 the 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 applicant, Anish , who is involved in Case Crime No.141 of 2020, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Araniya, District Bulandshahar, be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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The applicant 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 :- 7.10.2020 SKD

Anish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anish v. State of U.P.

Case brief

What is this about?

What did the court decide?

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