Allowed

Vikendra @ Chaiti and Another v. State of U.P.

Allahabad HC12 Feb 2021BAIL/7846/2021

Case brief

AI extract

What is this about?

The High Court of Allahabad permitted offenders Vikendra @ Chaiti and Pradeep, involved in a gang case under the U.P. Gangster Act, to be released on bail during trial. The court cited comparative bail history and applied conditions precedent.

What did the court decide?

Release on bail by executing personal bond and furnishing two sureties each, subject to specific conditions of conduct and attendance.

Vikendra @ Chaiti and Another Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7846 of 2021

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Applicant :- Vikendra @ Chaiti And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Learned counsel for the applicants is permitted to make necessary correction in the memo of bail application.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicants who are involved in Case Crime No.182 of 2020, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Pilua, district Etah and are in jail since 08.07.2020, are seeking enlargement on bail during the trial.

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An first information report dated 08.07.2020 was lodged under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 alleging that the applicants alongwith others formed a gang and have committed various offences.

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Learned counsel for the applicants submitted that the applicants have been implicated in the present case on the basis of their involvement in one other criminal case mentioned in gang chart, copy whereof has been annexed on page no.16 of the affidavit accompanying this bail application. He next submitted that the applicants have been granted bail in the criminal case shown against them in the gang chart. Copy of the bail order has been annexed on page no.18 onwards of the affidavit accompanying this application, hence the applicants are entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicants have been granted bail in the case mentioned against them in the gang chart.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.

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Let the applicants Vikendra @ Chaiti @ Vivek and Pradeep involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 12.2.2021

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R./

Vikendra @ Chaiti and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikendra @ Chaiti and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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