Allowed

Ashwani v. State of U.P.

Allahabad HC19 Mar 2021BAIL/13015/2021

Case brief

AI extract

What is this about?

In CRIMINAL MISC. BAIL APPLICATION No. 13015 of 2021, the Court released the applicant on bail for crimes under the U.P. Gangster Act. The applicant furnished a personal bond and two sureties with specific conditions regarding non-interference, cooperation, and verification of the order.

What did the court decide?

Released on bail on personal bond and two sureties with specific conditions to abide by during trial.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13015 of 2021

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Applicant :- Ashwani Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant Ashwani a prayer to release him on bail in Case Crime No. 230 of 2013, under Sections 2/3 U.P. Gangster Act, Police Station- Gangalhedi, District- Saharanpur, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further argued that on the basis of four case the I.O. has prepared the gang chart against the applicant in which the applicant has been released on bail. Next argued that in all the criminal cases the applicant was appearing the court continuously. The applicant is labour and due to lack of information the applicant could not appear before the Court. Further argued that on the basis of N.B.W. the police has arrested the applicant from his house on 1.2.2021 and send him jail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 1.2.2021.

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Learned AGA for the State has opposed the prayer for bail.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of the court concerned with the following conditions that :-

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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 the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short-term bail comes to an end.

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

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Order Date :- 19.3.2021

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RPD

Ashwani v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashwani v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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