Allowed

Jata Shankar Dev Pandey v. State of U.P.

Allahabad HC5 May 2021BAIL/2929/2021

Case brief

AI extract

What is this about?

The single-judge bench allowed a bail application filed by Jata Shankar Dev Pandey, who was charged under the U.P. Gangster and Anti-Social Activities Act 1986, emphasizing the severity of punishment and need to prevent witness tampering.

What did the court decide?

Bail granted on execution of personal bond with two sureties subject to specific conditions including no tampering and regular court appearance.

Jata Shankar Dev Pandey Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2929 of 2021

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Applicant :- Jata Shankar Dev Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pushkar Srivastava,Arvind Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Learned counsel for the applicant has submitted that one case has been shown in the Gang Chart and in the said case the applicant has already been released on bail by co-ordinate bench of this Court, vide order dated 16.12.2020 in Criminal Misc. Bail Application No.30126 of 2019 (Jatashankar Dev Pandey vs. State of U.P.) . Criminal history of the applicant has been explained under paragraph nos.15 to 18 of the affidavit to the bail application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 11.4.2019.

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

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Jata Shankar Dev Pandey involved in Case Crime No. 340 of 2019, under Section - 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station - Robertsganj, District - Sonbhadra be released 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 conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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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 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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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 5.5.2021 S Rawat

Jata Shankar Dev Pandey v. State of U.P.

Case brief

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Jata Shankar Dev Pandey v. State of U.P.

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