Allowed

Arun Kumar v. State of U.P.

Allahabad HC10 Jun 2022BAIL/23632/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangsters Act, the Court allowed the applicant, Arun Kumar, to be released on bail, noting his non-involvement in criminal gangs and lack of prior criminal history beyond related cases, imposing standard conditions.

What did the court decide?

Applicant allowed to be released on bail by furnishing a personal bond and two sureties, subject to standard conditions of not tampering with evidence or witnesses and appearing for trial.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23632 of 2022

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Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Sharma 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. 306 of 2021 at Police Station Tappal District Aligarh under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 17.07.2021.

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The bail application of the applicant was rejected by learned Special Judge (Gangsters Act)/on 08.09.2021.

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Shri Pankaj Kumar Sharma, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in all the eleven criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the above said cases.

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Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any

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criminal history apart from the above said cases.

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I see merit in the submissions of learned counsel for the applicant and accordingly 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- Arun Kumar 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 below. The following conditions be imposed in the interest of justice:-

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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 :- 10.6.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.06.10 14:12:25 IST Reason: Location: High Court of Judicature at Allahabad

Arun Kumar v. State of U.P.

Case brief

What is this about?

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Arun Kumar v. State of U.P.

Case brief

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