Allowed

Shivam Jaiswal @ Shiv @ Bauva v. State of Up

Allahabad HC4 Jan 2021BAIL/48581/2020

Case brief

AI extract

What is this about?

The Court dismissed the bail rejection order read the impugned order and granted bail to the applicant in a case under the UP Gangsters and Anti Social Activities (Prevention) Act, 1986. Conditions were laid to prevent tampering with evidence and ensuring presence in court.

What did the court decide?

Bail granted on furnishing personal bond and two local sureties each in the like amount to the satisfaction of the court concerned.

Shivam Jaiswal @ Shiv @ Bauva Vs State of Up — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48581 of 2020

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Applicant :- Shivam Jaiswal @ Shiv @ Bauva Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vivek Rastogi, learned AGA for the State.

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The applicant seeks bail in Case Crime No. 220 of 2020, under Section 3(1) of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Lalganj, District Mirzapur.

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It is contended by learned counsel for the applicant that according to the bail rejection order dated 4.9.2020, one case being Case Crime No. 148 of 2020 is pending against the applicant, in which he has been enlarged on bail by this Court vide order dated 2.12.2020 in Criminal Misc. Bail Application No. 36539 of 2020. It is also contended that one another criminal case being Case Crime No. 258 of 2020 is also pending against him, in which he has been granted bail by the court below, copy of which has been filed as Annexure-3 to the affidavit. It is further contended that the applicant has been falsely implicated in the present case. It is next contended that the applicant is in jail since 13.06.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for bail.

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Considering the facts and circumstances of the case and also perused the material on record, without expressing any opinion on the merit of the case, let the applicant Shivam Jaiswal involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.

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Order Date :- 4.1.2021 Lbm/-

Shivam Jaiswal @ Shiv @ Bauva v. State of Up

Case brief

What is this about?

What did the court decide?

Shivam Jaiswal @ Shiv @ Bauva v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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