Allowed

Gaurav Saxena v. State of U.P.

Allahabad HC9 May 2022BAIL/15384/2022

Case brief

AI extract

What is this about?

Bail application filed by Gaurav Saxena under the U.P. Gangsters and Anti Social Activities (Prevention Act) 1986. Court, without expressing an opinion on merits, allowed bail subject to certain conditions.

What did the court decide?

Release of applicant on personal bond and two sureties subject to conditions not to tamper with evidence, influence witnesses, appear for trial, and induce others.

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

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15384 of 2022

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Applicant :- Gaurav Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Anurag Kumar Pandey, learned counsel for the applicant, Mr. Jay Prakash Singh, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Gaurav Saxena with a prayer to release him on bail in Case Crime No. 478 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention Act) 1986, Police Station-Kalan, District-Shahjahanpur, during pendency of trial.

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Learned counsel for the applicant has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. It is submitted by learned counsel for the applicant that in the present case three cases have been shown in the gang chart against the applicant in which the applicant has been released on bail. Except these cases, applicant has also been implicated in two other cases by the Police, in which applicant has also been granted bail, copies of the same have been annexed as Annexure Nos.3 to 5 of the affidavit filed in support of the bail application. It is contended that applicant is neither a leader nor a member of any gang. He is in jail since 07.09.2021.

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Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond and will fully 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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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on

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bail.

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Let the applicant-Gaurav Saxena involved in the aforesaid case 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;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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

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The applicant shall not directly or indirectly make any 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 9.5.2022 PS

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Digitally signed by PRITI SHARMA Date: 2022.05.09 17:33:02 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav Saxena v. State of U.P.

Case brief

What is this about?

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Gaurav Saxena v. State of U.P.

Case brief

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