Allowed

Guddu v. State of U.P.

Allahabad HC27 Jun 2022BAIL/11728/2022

Case brief

AI extract

What is this about?

Single-judge High Court bench granted bail to the applicant, who was detained under the U.P. Gangster and Anti-Social Activities Act. Bail was allowed prima facie based on prior bail grants in related cases and detention period, imposing standard conditions for appearance and attendance.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two local sureties subject to undertaking to appear on fixed dates and not seek adjournments.

Guddu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 5

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11728 of 2022

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Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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By means of this application, the applicant who is involved in Case Crime No. 0531 of 2021, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Kurawali, District - Mainpuri, is seeking enlargement on bail during the trial.

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The FIR was lodged against the applicant alleging involvement of the applicant in offences under the provisions of the U.P. Gangsters Act. The contention of learned counsel for the applicant is that in the gang chart appearing on page No. 25 of the affidavit against the name of the applicant three cases have been shown in which the applicant has already been granted bail and the bail orders are on page Nos. 34 onward to the paper book of this bail application. It is further contended that applicant is absolutely innocent and has been falsely implicated in the present case. Lastly, it is submitted that the applicant is in jail since 02.02.2022 and in case of being released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, considering that in all thr three cases shown in the gang chart the applicant has already been granted bail, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Guddu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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(2). 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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(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 27.6.2022 LBY

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Digitally signed by LAL BAHADUR YADAV Date: 2022.06.29 12:22:14 IST Reason: Location: High Court of Judicature at Allahabad

Guddu v. State of U.P.

Case brief

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Guddu v. State of U.P.

Case brief

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