Allowed

Rahmatullah @ Tullah v. State of U.P.Thru. Prin. Secy. Home Lucknow

Allahabad HC18 Jan 2022/397/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application filed by Rahmatullah @ Tullah involved in Case Crime No.0280/2020 under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. The applicant claimed no flight risk or witness tampering. The Single Judge allowed the application subject to strict conditions.

What did the court decide?

Application allowed; applicant released on bail on personal bond and two sureties subject to specific conditions including furnishing undertaking under Section 19(4)(b) U.P. Gangsters Act, 1986.

Rahmatullah @ Tullah Vs State of U.P.Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 397 of 2022

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Applicant :- Rahmatullah @ Tullah Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. In both the cases, the applicant has been enlarged on bail. The bail orders are annexed with the affidavit filed in support of the bail application as Annexures 2 and 3. Apart from these cases, there is no other case pending against the applicant. The applicant is in jail since 19.2.2021.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

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It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Let the applicant Rahmatullah alias Tullah involved in Case Crime No.0280/2020 under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Tulsipur, district Balrampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The bail application is allowed accordingly.

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Order Date :- 18.1.2022 kkb/

Rahmatullah @ Tullah v. State of U.P.Thru. Prin. Secy. Home Lucknow

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Rahmatullah @ Tullah v. State of U.P.Thru. Prin. Secy. Home Lucknow

Case brief

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