Allowed

Baijnath Prasad Jaiswal v. State of U.P.

Allahabad HC17 Dec 2020BAIL/46629/2020

Case brief

AI extract

What is this about?

In a bail application, the single judge granted bail to the accused applicant, who was in custody under the U.P. Gangster and Anti Social Activities Prevention Act, 1986, without expressing an opinion on the merits of the case.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two reliable sureties of the like amount, subject to specified conditions.

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

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46629 of 2020

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Applicant :- Baijnath Prasad Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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

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This bail application has been preferred by the accusedapplicant Baijnath Prasad Jaiswal who is involved in Case Crime No.597 of 2020 under Section 3(1)U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Kotwali District- Deoria.

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Learned counsel for the applicant has submitted that in the gang chart one case has been shown against the applicant and in that case applicant is on bail. Copy of the bail order has been annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The accused-applicant is in jail since 22.10.2020.

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Learned A.G.A. has opposed the prayer for bail.

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Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.

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Let applicant Baijnath Prasad Jaiswal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant(s) shall not indulge in any criminal activity.

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(ii) The applicant(s) shall not tamper with the prosecution evidence.

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(iii) The applicant(s) shall not pressurize the prosecution witnesses.

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(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.

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Order Date :- 17.12.2020 SKS

Baijnath Prasad Jaiswal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Baijnath Prasad Jaiswal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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