Allowed

Baseem v. State of U.P.

Allahabad HC14 Jul 2022BAIL/24115/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Baseem in a case under the UP Gangsters Act. The court held that the applicant had made out a strong prima facie case for bail despite having 18 other pending cases where bail was already granted, provided he adheres to standard bond conditions.

What did the court decide?

Release on bail in Case Crime No. 109 of 2022 under UP Gangsters Act, bond with two sureties prescribed.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24115 of 2022

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Applicant :- Baseem Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajay Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 109 of 2022, under Section 2/3 of Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986 , P.S. Kurawali, District Mainpuri.

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The gang-chart shows three cases against the applicant; (i) Case Crime No. 20 of 2022, under Section 66D of the Information Technology Act and Sections 420, 406 and 411 I.P.C., P.S. Kurawali , District Mainpuri, (ii) Case Crime No. 23 of 2022, under Section 66D of the Information Technology Act and Sections 420, 406 and 411 I.P.C., P.S. Kurawali , District Mainpuri and (iii) Case Crime No. 37 of 2022, under Sections 411, 414 IPC,P.S. Kurawali , District Mainpuri, in all of which the applicant has been granted bail by this Court.

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The learned counsel for the applicant has disclosed that apart from the three cases mentioned in the gang chart, there are 17 other cases against the applicant, the details of which have been mentioned in paragraph-20 of the affidavit filed in support of the bail application and in all the cases, the applicant has already been granted bail.

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The applicant is in jail in connection with the present case since 05.05.2022 and he is in jail since 29.01.2022 in relation to Case Crime No. 23 of 2022, in which he has already been granted bail.

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It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Keeping in view the aforesaid facts and submissions this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial.

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The bail application is accordingly allowed.

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Let the applicant - Baseem be released on bail in Case Crime No. 109 of 2022, under Section 2/3 of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 , P.S. Kurawali, District Mainpuri, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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, 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 bail before this Court seeking cancellation of bail.

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Order Date :- 14.7.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.07.19 09:39:10 IST Reason: Location: High Court of Judicature at Allahabad

Baseem v. State of U.P.

Case brief

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Baseem v. State of U.P.

Case brief

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