Allowed

Kalu @ Surendra v. State of U.P through Its Secretary Home Up at Lucknow

Allahabad HC3 Feb 2022BAIL/1951/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under the U.P. Gangsters and Anti-Social Activities Prevention Act, 1986. The Court found it to be a fit case for bail while imposing standard conditions to ensure appearance and non-tampering with evidence.

What did the court decide?

Release on bail via personal bond and two sureties subject to standard conditions of appearance and conduct.

Kalu @ Surendra Vs State of U.P through Its Secretary Home Up… — Corruption | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1951 of 2022

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Applicant :- Kalu @ Surendra Opposite Party :- State Of U.P Through Its Secretary Home Up At Lucknow Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.314 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sinkandrabad, District Bulandshahr.

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Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is alleged that applicant has been shown as a member of gang on account of his implication in Case Crime No.08 of 2021 under Sections 272, 273, 420, 467, 468, 120B I.P.C. and 60(A) of Excise Act, Police Station Kasana Greater Nodia, District Gautam Buddh Nagar and Case Crime No.14 of 2021, under sections 272, 273, 304, 326, 420, 467, 471/34 I.P.C. and 60(A) of Excise Act & 3(2)(5) of S.C./S.T. Act, Police Station Sikandrabad, District Bulandshahr in which he has already been enlarged on bail vide orders dated 18.06.2021 and 25.11.2021. Submission is that neither the applicant is a member of any gang nor is involved in any gang activity and that the trial is not likely to be concluded shortly on account of Covid-19 pandemic. It is also contended that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 11.01.2021.

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Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Kalu @ Surendra 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 magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 3.2.2022 Ashok Kr.

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Digitally signed by ASHWANI KUMAR MISHRA Date: 2022.02.04 15:46:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Kalu @ Surendra v. State of U.P through Its Secretary Home Up at Lucknow

Case brief

What is this about?

What did the court decide?

Kalu @ Surendra v. State of U.P through Its Secretary Home Up at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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