Allowed

Surya Pratap Maurya @ Surya v. State of U.P.

Allahabad HC14 Sept 2022BAIL/36037/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Surya Pratap Maurya in a case under the U.P. Gangster Act. The court found that a prima facie case for bail was made out, considering the circumstances and relevant precedents, without deciding on the merits of the underlying charges. Bail was granted subject to conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in like amount, subject to specific conditions.

Surya Pratap Maurya @ Surya Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36037 of 2022

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Applicant :- Surya Pratap Maurya @ Surya Opposite Party :- State of U.P. Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 88 of 2022, registered under Sections 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Kachchwan, District Mirzapur during pendency of the trial.

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Learned counsel for the applicant submitted that six cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart which is annexed as Annexure-3 to the affidavit. The applicant has no criminal history except the cases shown in the gang chart. Co-accused Amit Maurya and Abhishek Patel have been granted bail by this Court vide order dated 4.8.2022 and 18.8.2022 respectively in Criminal Misc. Bail Application Nos. 32551 of 2022 and 30195 of 2022 respectively. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 29.03.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Surya Pratap Maurya, who is involved in

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the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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.

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Order Date :- 14.9.2022 PS

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Digitally signed by POOJA SHARMA Date: 2022.09.16 16:33:36 IST Reason: Location: High Court of Judicature at Allahabad

Surya Pratap Maurya @ Surya v. State of U.P.

Case brief

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Surya Pratap Maurya @ Surya v. State of U.P.

Case brief

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