Allowed

Pramod Jatav v. State of U.P.

Allahabad HC15 Sept 2022BAIL/30932/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Pramod Jatav, acquitted of false implication and lack of material evidence under the U.P. Gangster Act, providing conditions to prevent tampering with evidence and witnesses.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions against tampering with evidence and influencing witnesses.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30932 of 2022

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Applicant :- Pramod Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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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 present bail application has been filed on behalf of applicant in Case Crime No. 267 of 2022, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sikandrarao, District Hathras with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, two cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-3 & 4 to the bail application. Apart from it, it is stated that no criminal history is in the credit of the applicant. It is further submitted that applicant is languishing in jail since 01.06.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on merits of the case, 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 Pramod Jatav in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any 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 :- 15.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.15 17:41:08 IST Reason: Location: High Court of Judicature at Allahabad

Pramod Jatav v. State of U.P.

Case brief

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Pramod Jatav v. State of U.P.

Case brief

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