Allowed¶9

Khuddan @ Subhash v. State of U.P. Thru. Prin. Seyc. Home Lko.

Allahabad HC14 Jul 2022/5418/2022

Case brief

AI extract

What is this about?

Allahabad High Court (Lucknow Bench), Krishan Pahal, J., order dated 14.7.2022; Criminal Misc. Bail Application No. 5418 of 2022; bail allowed in Case Crime No. 269 of 2021 under Section 3(1) U.P. Gangsters Act, P.S. Rudauli, District Faizabad/Ayodhya; prosecution based on one gang-chart case; criminal history of 18 cases; custody since 29.1.2022; release on personal bond and two sureties; conditions incl. non-tampering, cooperation in trial, no criminal activity; no opinion expressed on merits.

What did the court decide?

Applicant Khuddan @ Subhash to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions stated in the order. ¶9

Khuddan @ Subhash Vs State of U.P. Thru. Prin. Seyc. Home Lko. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the applicant Khuddan @ Subhash, involved in Case Crime No. 269 of 2021 under Section 3(1) of the U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, should be released on bail during the pendency of trial.

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Court's answer

Without expressing any opinion on the merits, the Court allowed the bail application and directed that the applicant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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Ratio / Principle

Release on bail was made subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurizing witnesses, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail, and identity, status and residence proof of the applicant and sureties is to be verified before the bonds are accepted.

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Detailed headnote1 paragraphs

Bail granted under Section 3(1), U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986 — Applicant Khuddan @ Subhash, arraigned in Case Crime No. 269 of 2021, P.S. Rudauli, District Faizabad/Ayodhya, prosecuted on the basis of a single case shown in the gang chart and having a stated criminal history of 18 cases, in custody since 29.1.2022, was enlarged on bail during the pendency of trial. The Court expressly declined to express any opinion on the merits and released the applicant on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, and abstention from criminal activity, breach whereof would be a ground for cancellation of bail.

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5418 of 2022

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Applicant :- Khuddan @ Subhash Opposite Party :- State Of U.P. Thru. Prin. Seyc. Home Lko. Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Dr. Surendra Singh, learned A.G.A. for the State and perused the material placed on record.

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By means of the present bail application, the applicant seeks bail in Case Crime No. 269 of 2021, under Section 3(1) of U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, Police Station- Rudauli, DistrictFaizabad/Ayodhya, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart. The details of criminal case have been mentioned in paragraph 5 of the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 18 cases against the applicant, which has been explained in the affidavit and the supplementary affidavit. The applicant is languishing in jail since 29.1.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned AGA opposed the prayer for bail but has not disputed the aforesaid facts.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Khuddan @ Subhash, involved in aforesaid case crime 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 that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 14.7.2022 Shalini

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Digitally signed by SHALINI JAISWAL Date: 2022.07.15 14:16:04 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Khuddan @ Subhash v. State of U.P. Thru. Prin. Seyc. Home Lko.

Case brief

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What did the court decide?

Khuddan @ Subhash v. State of U.P. Thru. Prin. Seyc. Home Lko.

Case brief

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What did the court decide?

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What the court decided

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