This court granted regular bail to Asheesh Pandey, an accused involved under Section 3(1) of the UP Gangster Act, by furnishing a personal bond and two local sureties with specified conditions regarding presence and conduct during trial.
Released on personal bond and two local sureties of similar amount with strict conditions for appearance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 538 of 2021
Applicant :- Asheesh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
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 has been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copy of the bail order has been annexed as Annexure- 2 to the affidavit filed in support of bail application. 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 1.9.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
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 Asheesh Pandey , involved in Case Crime No. 635 of 2020, under Section- 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Chakeri, District- Kanpur Nagar be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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.
This bail order would be subject to the fulfilment of following conditions:-
investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.1.2021 Junaid
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.08 16:53:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant accused in an offence under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
6 provisions across 3 enactments
Asheesh Pandey
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
