Allowed

Pushpendra v. State of U.P through Secretary (Home) at Lko

Allahabad HC19 Sept 2022BAIL/38266/2022

Case brief

AI extract

What is this about?

This is a bail application filed by Pushpendra seeking release in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The Court allowed the bail application, citing precedent, and granted bail subject to conditions including furnishing sureties and appearing before the trial court.

What did the court decide?

The applicant be released on bail on furnishing a personal bond and two sureties in the like amount, subject to specified conditions.

Pushpendra Vs State of U.P through Secretary (Home) at Lko — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38266 of 2022

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Applicant :- Pushpendra Opposite Party :- State Of U.P Through Secretary (Home) At Lko

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Counsel for Applicant :- Archana Agrawal,Mazhar Shakeel Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.263 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Akrabad, District Aligarh, during pendency of the trial in the Court below.

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It has been submitted that the gang chart mentions three cases against the applicant in which the applicant has already been granted bail, copy whereof annexed as Annexure No.2 to the bail application. It has further been submitted that except the cases shown in the gang chart, applicant has three cases criminal history which has been explained in para-2 of the supplementary affidavit filed in support of bail application. It has further been submitted that applicant is languishing in jail since 29.06.2022.

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

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Keeping in view the aforesaid facts and circumstances of the case and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , I find it to be a fit case for grant of bail to the applicant in the aforesaid case.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

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Let the applicant Pushpendra be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the 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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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 19.9.2022/AKT

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Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.20 10:25:21 IST Reason: Location: High Court of Judicature at Allahabad

Pushpendra v. State of U.P through Secretary (Home) at Lko

Case brief

What is this about?

What did the court decide?

Pushpendra v. State of U.P through Secretary (Home) at Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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