Allowed

Gaurav Kumar Mandal v. State of U.P.

Allahabad HC18 Oct 2022BAIL/34264/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed under the U.P. Gangster and Anti-Social Activities Act, 1986. Relying on the fact that the applicant had already been granted bail in two other specific cases mentioned in the gang-chart and was detained, the court released him on bail pending trial.

What did the court decide?

Release on bail pending conclusion of trial on furnishing personal bond and two reliable sureties each of the like amount.

Gaurav Kumar Mandal 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. - 34264 of 2022

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Applicant :- Gaurav Kumar Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Shri Rajesh Kumar Yadav, the learned counsel for the applicant, Sri Amit Shukla, the learned State Counsel and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 77 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Chandauli, District Chandauli.

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3.The gang-chart mentions involvement of the applicant in two cases namely (i) Case Crime No. 02 of 2022, under Sections 457, 380, 411 I.P.C., P.S. Chandauli, District Chandauli (ii) Case Crime No. 33 of 2022, under Section457, 380, 427, 411 I.P.C. P.S. Chandauli, District Chandauli and in both the cases the applicant has been granted bail. Copies of the bail orders have been annexed as annexure nos. 3 and 4 to the affidavit filed in support of the bail application.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 16-02-2022.

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6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.

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Having regard to the facts that the applicant has already been granted bail in all the cases mentioned in the gang-chart and that the applicant is languishing in jail since 16-02-2022, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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10.Let the applicant - Gaurav Kumar Mandal be released on bail in Case Crime No. 77 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Chandauli, District Chandauli on his furnishing a personal bond and two reliable sureties each of the like amount to the

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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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11.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 :- 18.10.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.19 11:39:15 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav Kumar Mandal v. State of U.P.

Case brief

What is this about?

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Gaurav Kumar Mandal v. State of U.P.

Case brief

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