Allowed

Kaptan v. State of U.P.

Allahabad HC24 Aug 2022BAIL/22414/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Kaptan under the Gangster and Anti Social Activities (Prevention) Act, 1986, disregarding the absence of the AGA file. The court imposed conditions including sureties, prohibition of tampering, and active cooperation in trial.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions of non-interference and cooperation in trial.

Kaptan 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. - 22414 of 2022

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Applicant :- Kaptan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Dhirendra Kumar Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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At the very outset learned AGA for the State submitted that due to strike of Counsels his file has not come.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.0234 of 2022, registered under Sections 2 and 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sikandara, District Agra during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Two cases are shown in the gang chart against the applicant. The applicant is on bail in the cases shown in the gang chart. Bail orders are annexed with bail application. He next contended that the applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 27.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Since file of learned AGA has not come from office, therefore, he could not dispute the facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Kaptan, who is involved in the aforesaid case

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crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 24.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.08.24 15:55:49 IST Reason: Location: High Court of Judicature at Allahabad

Kaptan v. State of U.P.

Case brief

What is this about?

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Kaptan v. State of U.P.

Case brief

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