Dismissed

Ashok Kumar Patel v. State of U.P.

Allahabad HC15 Mar 2022BAIL/33343/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad rejected an application for bail filed by Ashok Kumar Patel under the U.P. Gangsters and Anti Social Activities (Prevention) Act, finding it not a fit case. Directions were issued to expedite the trial and investigate discrepancies in the accused's criminal history.

What did the court decide?

Bail application rejected. Lower court directed to decide the case expeditiously within three months. Notice issued to Investigating Officer regarding discrepancies in criminal history records.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33343 of 2021

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Applicant :- Ashok Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Prakash Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused applicant, Ashok Kumar Patel is involved in Case Crime No. 119 of 2015, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, registered at Police Station Ghoorpur, District Allahabad.

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It is argued by the learned counsel for the applicant that as per gang chart he is involved in 05 cases. In the counter affidavit extra criminal history of 09 more cases is also shown against him and after due enquiry he could not get the particulars of most of those cases. He is in jail for the last five years and six months and the maximum sentence awarded is ten years, hence the prayer for bail is made.

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Per contra, the bail application has been opposed by the learned A.G.A. It has been admitted that in all the cases mentioned in the gang chart the applicant is on bail. But it is further argued that along with counter affidavit criminal history of 09 extra cases against the present accused is shown as per report of police station.

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From perusal of the record, it appears that, though, the accused is on bail in the cases mentioned in the gang chart but nine more cases are said to be pending against him excluding the present case. Learned counsel for the applicant submits that he could not get any information or whereabouts of the description of these nine cases, which are shown in his criminal history. As per gang chart all these cases were slapped over him from the year 2010 to 2015. Present case is also of the year 2015.

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After hearing the learned counsel for the parties, perusing the record and taking overall view of the facts and circumstances of the case, I do not find it to be a fit case for bail.

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The bail application is, thus, rejected .

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However, the lower court is directed to decide the case, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.

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Let a notice be issued to the Investigating Officer concerned to show that when the accused is having criminal history of 15 cases then how he has shown only four cases in the gang chart.

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The reply be submitted within a week.

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Order Date :- 15.3.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.03.16 17:56:17 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Patel v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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