Allowed

Jahid v. State of U.P.

Allahabad HC15 Mar 2021BAIL/12579/2021

Case brief

AI extract

What is this about?

In a criminal bail application under the U.P. Gangster Act, 1986, the Court held it to be a fit case for bail despite the applicant's incarceration and serious charges. Release was granted subject to conditions prohibiting evidence tampering, frivolous adjournments, and further criminal activity, with two sureties required.

What did the court decide?

Release on bail with personal bond and two sureties on specific conditions.

Jahid Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12579 of 2021

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Applicant :- Jahid Opposite Party :- State of U.P. Counsel for Applicant :- Bed Kant Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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The applicant- Jahid seeks bail in Case Crime No. 145 of 2020, under Section 3 (1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 at Police Station Mahrajpur, District Kanpur Nagar.

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It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further contended that two cases have been shown against the accused-applicant in the gang chart, in which the applicant is on bail. Copy of gang-chart and bail order of this Court have been annexed as Annexure Nos. 2 and 3 respectively to the bail application. The applicant is in jail since 20.04.2020.

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Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.

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Let the applicant- Jahid, involved in the above mentioned case 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 with the following conditions which are being imposed in the interest of justice:-

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

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The identity, status, and residential proof of sureties will be verified by the Court concerned.

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Order Date :- 15.3.2021

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Jahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jahid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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