Allowed

Chaudhary Danish @ Kala v. State of U.P.

Allahabad HC2 Nov 2021BAIL/28422/2021

Case brief

AI extract

What is this about?

In a criminal bail application under the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986, the court granted bail to the applicant who had already secured bail in related gang chart cases, subject to standard bond conditions and monthly police station appearance.

What did the court decide?

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

Chaudhary Danish @ Kala 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. - 28422 of 2021

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Applicant :- Chaudhary Danish @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Avinash 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 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. 66 of 2021, under Section 2/3 of U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986, P.S.-Kairana, District- Shamli, 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 one other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure- 1 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the criminal cases also shown against him in the gang chart. Copies of the bail orders have been collectively annexed as Annexure-SA-1 to the affidavit accompanying this application. Learned counsel for the applicant submitted that there is one more case against the applicant in which the applicant has also been enlarged on bail by the court below, copy of the bail order has been annexed as SA-2. The applicant is in jail since 01.07.2021, 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. However he does not dispute the fact that the applicant has been granted bail in all the cases mentioned against him in the gang chart.

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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-Chaudhary Danish @ Kala 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 during trial of above case crime number. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.

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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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Order Date :- 2.11.2021

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Abhishek Sri.

Chaudhary Danish @ Kala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chaudhary Danish @ Kala v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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