Allowed

Ashish Yadav @ Raj v. State of up thru its secretary home

Allahabad HC28 Sept 2022BAIL/17178/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The applicant, having been in custody since October 2021 and possessing a criminal history, was released on a personal bond and two sureties subject to standard conditions not to tamper with evidence or influence witnesses.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties each in the like amount, subject to specific conduct conditions.

Ashish Yadav @ Raj Vs State of up thru its secretary home — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17178 of 2022

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Applicant :- Ashish Yadav @ Raj Opposite Party :- State Of Up Thru Its Secretary Home Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Pradeep Kumar, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 14 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bindaki,, District Fatehpur, during pendency of the trial in the Court below.

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It has been submitted that the gang chart mentions three cases against the applicant in which the applicant has already been granted bail. It has further been submitted that except the cases shown in the gang chart, the applicant has six cases criminal history which has been explained in para-6 of the affidavit filed in support of the bail application. It has further been submitted that applicant is languishing in jail since 16.10.2021.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

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Let the applicant Ashish Yadav @ Raj be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the 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,

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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 an application before this Court seeking cancellation of the bail.

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Order Date :- 28.9.2022/AKT

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Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.29 11:19:15 IST Reason: Location: High Court of Judicature at Allahabad

Ashish Yadav @ Raj v. State of up thru its secretary home

Case brief

What is this about?

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Ashish Yadav @ Raj v. State of up thru its secretary home

Case brief

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What did the court decide?

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