Allowed

Anuj v. State of U.P.

Allahabad HC13 Jul 2021BAIL/24242/2021

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application regarding trial under the U.P. Gangsters Act was allowed. The High Court, Allahabad, directed the release of the applicant on bail subject to personal bond, heavy sureties, and specific undertaking conditions regarding court attendance and monthly police station reporting.

What did the court decide?

Release of applicant on bail via personal bond with two heavy sureties, subject to conditions of court attendance and monthly police station reporting.

Anuj 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. - 24242 of 2021

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Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey 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 through virtual mode 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.76 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Singhawali ahir, DistrictBaghpat, 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 only two cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the bail application. He next submitted that the applicant has been granted bail by this Court in Criminal Misc. Bail Application Nos. 21608 of 2020 and 33526 of 2012 in said criminal cases shown against him in the gang chart. Copy of the bail order has been annexed as Annexure Nos.-3 & 5 to the application. Police has maliciously fastened the proceedings of the gangster act upon the applicant. The applicant is in jail since 26.3.2021, 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 in addition to aforesaid two cases applicant has got one more case to his credit in that case too the applicant is bail out and he has never misused the liberty of bail.

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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, Anuj be released on bail on his executing a personal bond and furnishing two heavy sureties 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 :- 13.7.2021

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Ankita

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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