Allowed

Nawabudeen v. State of U.P.

Allahabad HC17 Jun 2021BAIL/16617/2021

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, imposing conditions regarding absence, adjournments, and appearance during trial.

What did the court decide?

The applicant be enlarged on bail on executing a personal bond and furnishing two sureties, subject to specific conditions of appearance and no adjournments.

Nawabudeen 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. - 16617 of 2021

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Applicant :- Nawabudeen Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State.

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It has been contended by the learned counsel for the applicant that five cases have been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in para 7 to the affidavit filed in support of bail application. The applicant is in jail since 06.03.2021.

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

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Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant- Nawabudeen involved in Case Crime No. 524 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Daurala, District Meerut be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the 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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 17.6.2021 Arti

Nawabudeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nawabudeen v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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