Allowed

Yogendra Loniya v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC7 Jul 2022/5652/2022

Case brief

AI extract

What is this about?

Hon'ble Krishan Pahal, J. allowed the bail application filed by Yogendra Loniya under the U.P. Gangster and AntiSocial Activities Act, 1986, with conditions regarding witness safety, trial cooperation, and no further criminal activity.

What did the court decide?

Released on bail with personal bond and two sureties subject to conditions prohibiting witness intimidation, trial delay, and further crime.

Yogendra Loniya Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5652 of 2022

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Applicant :- Yogendra Loniya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sunil Kumar 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 Smt. Mamta Pandey, learned A.G.A. for the State and also perused the material available on record.

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By means of the present bail application, the applicant seeks bail in Case Crime No. 154 of 2022, under Sections 2/3 of U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, Police Station Laharpur, District Sitapur, 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 has been launched against the applicant on the basis of two criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. Apart from the cases mentioned in the gang chart, the applicant has been implicated in one more case which has been explained in the affidavit. The applicant has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is languishing in jail since 22.3.2022 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

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On the other hand, learned AGA opposed the prayer for bail.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Yogendra Loniya, who is involved in aforesaid 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 :- 7.7.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.07.08 12:06:06 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Yogendra Loniya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Yogendra Loniya v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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