This brief order by the Allahabad High Court granted bail to an applicant accused under the U.P. Gangster Act, allowing release subject to a personal bond and sureties.
The applicant was released on bail on furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7298 of 2022
Applicant :- Nakul Yadav @ Girija Shankar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard learned counsel for the applicant and Sri Vinay Kumar Shahi, learned A.G.A. for the State and perused the material placed on record.
By means of the present bail application, the applicant seeks bail in Case Crime No. 40 of 2022, under Section 3(1) of U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, Police Station- Baskhari, District- Ambedkar Nagar, during the pendency of trial.
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 two criminal cases shown in the gang chart. The details of criminal cases 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 one case against the applicant, which has been explained in paragraph 15 of the affidavit. The applicant is languishing in jail since 26.5.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA opposed the prayer for bail, but could not dispute the said facts.
Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Nakul Yadav @ Girija Shankar Yadav, 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 :-
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.
Order Date :- 7.7.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.07.08 10:09:25 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Nakul Yadav @ Girija Shankar Yadav
State Of U.P.
Krishan Pahal
As recorded by the court registry
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