Allowed

Rin Kumar @ Manglu @ Tunda v. State of U.P.

Allahabad HC13 Oct 2022BAIL/33399/2022

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad allowed a bail application by an accused tried under the UP Gangsters & Anti-Social Activities Act, 1986. The Court observed that the applicant was already enlarged on bail in a single case within the gang chart and released him on a personal bond and sureties with specific conditions.

What did the court decide?

Accused released on bail on furnishing a personal bond and two sureties each in the like amount subject to specific conditions.

Rin Kumar @ Manglu @ Tunda Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33399 of 2022

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Applicant :- Rin Kumar @ Manglu @ Tunda Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Rin Kumar @ Manglu @ Tunda for grant of bail, in case Crime No. 131 of 2019, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Gagalheri, District Saharanpur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in single case mentioned in the gang chart. However, in single case mentioned in the gang chart, the applicant has been enlarged on bail by a coordinate Bench of this Court vide order dated 3.6.2022 passed in Criminal Misc. Bail Application No. 19615 of 2020 and a copy of the bail order is also placed on record as Annexure no.2 to the affidavit filed in support of bail application. He further submits that similarly co-accused persons namely Arjun and Master Sunil @ Subash have already been enlarged by coordinate Benches of this Court vide orders dated 20.07.2022 and 07.07.2022 passed in Criminal Misc. Bail Application No. 22335 of 2022 and Criminal Misc. Bail Application No.22498 of 2022, respectively.

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It is further submitted that apart from the cases mentioned in the gang chart, the applicant has criminal history of one case being Case Crime No.113 of 2019, in which he has been enlarged on bail by the competent court and a copy of the bail order is annexed as Annexure No.3 to the affidavit. It is next submitted that applicant is detained in prison since 03.06.2019 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the

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liberty.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Rin Kumar @ Manglu @ Tunda involved in the aforesaid 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 with the following conditions that :-

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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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 13.10.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.10.13 17:09:14 IST Reason: Location: High Court of Judicature at Allahabad

Rin Kumar @ Manglu @ Tunda v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rin Kumar @ Manglu @ Tunda v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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