Allowed

Anar Kali v. State of U.P.

Allahabad HC18 Jan 2021BAIL/2979/2021

Case brief

AI extract

What is this about?

In a criminal bail application under the U.P. Gangsters Act, the single judge granted bail to the applicant, Anar Kali, subject to stringent conditions including personal sureties, strict attendance requirements, and cooperation in the trial.

What did the court decide?

Applicant enlarged on bail by executing a personal bond and two sureties, subject to mandatory conditions of attendance and non-tampering.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2979 of 2021

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Applicant :- Anar Kali Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard Rajiv Singh holding brief of Sri Nagendra Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that one case have been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail, copy of the bail order has been annexed as Annexure 3 to the affidavit filed in support of bail application. Applicant has criminal history of one other case, which is explained. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 28.04.2019, undertakes that she will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Anar Kali , involved in Case Crime No. 210 of 2019, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kadarchowk, District Budaun, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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In case, the applicant misuses the liberty of bail and in order to secure her 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.

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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 18.1.2021

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Arvind

Anar Kali v. State of U.P.

Case brief

What is this about?

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Anar Kali v. State of U.P.

Case brief

What is this about?

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