Allowed

Anil Kumar v. State of U.P.

Allahabad HC2 Dec 2021BAIL/40773/2021

Case brief

AI extract

What is this about?

A bail application filed by Anil Kumar under the UP Gangsters and Anti-Social Activities Act was disposed of. The court found merit in the submissions and allowed bail subject to specific conditions, citing jail overcrowding during the pandemic.

What did the court decide?

Application allowed; applicant released on bail subject to furnishing personal bond and sureties and adhering to specified conditions.

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

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40773 of 2021

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Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Keshri,Hemant Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed today on behalf of the applicant is taken in the record.

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Heard Shri Pranshu Gupta, learned counsel holding brief of Sri Pradeep Kumar Keshri, learned counsel for the applicant and Sri Nafees Ahmad, learned AGA for the State.

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A first information report was lodged as Case Crime No.119 of 2021 at Police Station-Mundali, DistrictMeerut, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

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The bail application of the applicant was rejected by learned Special Judge (Gangster Act), Meerut on 07.09.2021.

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The applicant is in jail since 03.09.2021, pursuant to the said F.I.R.

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Shri Pranshu Gupta, learned counsel holding brief of Sri Pradeep Kumar Keshri, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the five criminal cases depicted in the gang chart. He is not a member of any criminal

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gang. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Anil Kumar involved in Case Crime No.119 of 2021 at Police Station-Mundali, DistrictMeerut, under Section 2/3 of the Uttar Pradesh

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Gangsters and Anti-Social Activities (Prevention) Act, 1986, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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 to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 2.12.2021

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Ashish Tripathi

Anil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anil Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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