Allowed

Talib Khan v. State of U.P.

Allahabad HC10 Oct 2022BAIL/37730/2022

Case brief

AI extract

What is this about?

The court allowed the bail application filed under the U.P. Gangster Act. The applicant, already granted bail in related cases and denied gang association, was released on bail with standard conditions to prevent interference with evidence.

What did the court decide?

Released on bail subject to personal bond, two reliable sureties, and conditions not to tamper with evidence, influence witnesses, or make inducements.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37730 of 2022

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Applicant :- Talib Khan Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,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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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.232 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Noida Sector-58, District Gautam Budh Nagar.

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3.The gang-chart mentions involvement of the applicant in two cases namely (i) Case Crime No. 38 of 2021, under Sections 392, 411 IPC, P.S. Noida Sector-58, District Gautam Budh Nagar and (ii) Case Crime No. 41 of 2021, under Sections 411, 414, 482 IPC, P.S. Noida Sector-58, District Gautam Budh Nagar and in both the cases the applicant has been granted bail by the learned Trial Court. Copies of the bail orders have been annexed to the affidavit filed in support of the bail application; co-accused Firoz, on identical role, has been granted bail by the co-ordinate Bench of this Court in Crl. Misc. Bail Application no. 35004 of 2022 vide order dated 29.9.2022.

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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 25.06.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.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

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that the applicant is languishing in jail since 15.07.2022, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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8.Let the applicant - Talib Khan be released on bail in Case Crime No.232 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Noida Sector-58, District Gautam BudhNagar on his furnishing a personal bond and two reliable sureties each of the like amount to the 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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9.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 :- 10.10.2022 Dhirendra/

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Digitally signed by DHIRENDRA KUMAR Date: 2022.10.11 13:34:02 IST Reason: Location: High Court of Judicature at Allahabad

Talib Khan v. State of U.P.

Case brief

What is this about?

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Talib Khan v. State of U.P.

Case brief

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What did the court decide?

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