Allowed

Bunty Poonia v. State of U.P.

Allahabad HC7 Apr 2022BAIL/13162/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 2/3 of the UP Gangsters Act. The court held that the applicant was entitled to bail, releasing him on personal bond and two sureties with standard conditions against tampering and influencing witnesses.

What did the court decide?

The applicant is released on bail by filing a personal bond and two sureties in like amount, subject to conditions.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13162 of 2022

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Applicant :- Bunty Poonia Opposite Party :- State of U.P. Counsel for Applicant :- Samarth Sinha,Adarsh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.462 of 2021 at Police Station-Simbhavali, District-Hapur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant is in jail since 15.02.2022.

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The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge, M.P./M.L.A., Hapur on 04.03.2022.

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Shri Samarth Singh, learned counsel assisted by Shri Adarsh Singh, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in all the three criminal cases depicted in the gang chart. He is not a member of any criminal gang. However, four cases are depicted in the F.I.R. Learned counsel for the applicant has explained the criminal history of the

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applicant and further contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Bunty Poonia be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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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 influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 7.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.08 09:52:19 IST Reason: Location: High Court of Judicature at Allahabad

Bunty Poonia v. State of U.P.

Case brief

What is this about?

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Bunty Poonia v. State of U.P.

Case brief

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