Allowed

Ankush Khateek v. State of U.P.

Allahabad HC7 Jul 2021BAIL/16604/2021

Case brief

AI extract

What is this about?

The Allahabad High Court, Court No. 67, granted bail to Ankush Khateek during the pendency of trial under the U.P. Gangsters Act. The court deplored incomplete disclosure of criminal antecedents by the prosecution and released the applicant on personal bond and surety.

What did the court decide?

Applicant released on bail executing personal bond and furnishing two heavy sureties subject to specific conditions.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16604 of 2021

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Applicant :- Ankush Khateek Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar,Sudhir Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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

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By means of this application, the applicant who is facing prosecution in Case Crime No.01 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Kotwali, District-Jhansi, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in three cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the application and it has been duly explained in paragraph no.4 to the application. The applicant is in jail since 13.01.2020, hence the applicant is entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A., making a mention that the applicant has got six other criminal cases to his credit in addition to aforesaid one case.

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This Court records its strongest condemnation to the performance of prosecutors, who have purposely given incomplete picture about criminal antecedents of the applicant. Such type of practice is deprecated by this Court by means of a judgement dated 19.3.2021 passed by this Court in the case of Nishant @ Nishu vs State of U.P., Criminal Misc. Bail Application No.14323 of 2021.

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Keeping in view, the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Ankush Khateek be released on bail on his executing a personal bond and furnishing two heavy sureties

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each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-

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(a). The applicant shall attend the court according to the conditions of the bond executed by him.

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(b). The applicant shall give a written undertaking to the court concerned after release that he would present in the concerned Police Station on the last Sunday of every month during 10.00 to 12.00 Noon. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.

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(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 7.7.2021 Sumit S

Ankush Khateek v. State of U.P.

Case brief

What is this about?

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Ankush Khateek v. State of U.P.

Case brief

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