Allowed

Chhotey @ Rajkumar v. State of U.P.

Allahabad HC29 Sept 2022BAIL/42532/2022

Case brief

AI extract

What is this about?

The High Court allowed this bail application filed under the U.P. Gangsters and Anti Social Activities Act. The court held it a fit case for bail as the applicant had a clean record except for five other bailed cases and had been in jail since November 2021.

What did the court decide?

The applicant Chhotey @ Rajkumar was released on bail by furnishing a personal bond and two sureties on the same amounts on the satisfaction of the court.

Chhotey @ Rajkumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42532 of 2022

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Applicant :- Chhotey @ Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant 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. 206 of 2021, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Agra Cantt, District Agra during pendency of the trial in the Court below.

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It has been submitted that the gang chart mention five cases against the applicant in which the applicant has already been granted bail, a copy of said orders have been annexed as Annexure No. 3 to the affidavit filed in support of bail application. It has further been submitted that except the cases shown in the gang chart, the applicant has no criminal history. It has further been submitted that applicant is languishing in jail since 03.11.2021.

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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, 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 Chhotey @ Rajkumar 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 :- 29.9.2022 Arti

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Digitally signed by ARTI SHARMA Date: 2022.09.29 16:33:51 IST Reason: Location: High Court of Judicature at Allahabad

Chhotey @ Rajkumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chhotey @ Rajkumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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