Allowed

Ramlal Nishad v. State of U.P.

Allahabad HC17 Jun 2021BAIL/8167/2021

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangster Act, the court granted bail to the applicant after considering the nature of the offense, punishment severity, and supporting evidence, relying on the Dataram Singh decision without expressing an opinion on case merits.

What did the court decide?

Granted bail on personal bond and two sureties to the satisfaction of the court concerned, subject to standard conditions including attendance at trial and non-tampering with witnesses.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8167 of 2021

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Applicant :- Ramlal Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prakash Singh,Swati Agrawal Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that only two cases have been shown against the applicant in the Gang Chart which has been annexed at page-14 of the bail application and in the said case, the applicant has been granted bail by the competent Court. The applicant is in jail since 13.5.2018.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Ramlal Nishad , be released on bail in Case Crime No.682 of 2020, under Sections- 2/3 U.P. Gangster Act, Police Station- Naini, District- Prayagraj, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 17.6.2021 Dev/-

Ramlal Nishad v. State of U.P.

Case brief

What is this about?

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Ramlal Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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