Allowed

Pawan Sharma v. State of U.P.

Allahabad HC27 Sept 2022BAIL/40339/2022

Case brief

AI extract

What is this about?

Hon'ble Justice Gajendra Kumar allowed a bail application filed by Pawan Sharma under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, citing prior bail grants in related cases as the basis for releasing him on personal bond and sureties.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to conditions regarding non-tampering and regular appearance.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40339 of 2022

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Applicant :- Pawan Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 516 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 , P.S. Kotwali Dehat District Bulandshahr.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, three cases have been shown against the applicant in case crime no.286 of 2022, 292 of 2022 and 301 of 2022 in which the applicant has already been enlarged on bail by another coordinate Bench of this Court. It is further submitted that the applicant is languishing in jail since 11.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Having regard to the facts that the applicant has already been granted bail in three cases mentioned in the gang-chart, 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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Let the applicant - Pawan Sharma be released on bail in the aforesaid case crime 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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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 :- 27.9.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.09.29 11:57:03 IST Reason: Location: High Court of Judicature at Allahabad

Pawan Sharma v. State of U.P.

Case brief

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Pawan Sharma v. State of U.P.

Case brief

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