Allowed

Nitin Mota @ Monu v. State of U.P.

Allahabad HC13 Jan 2022BAIL/42589/2021

Case brief

AI extract

What is this about?

Single judge court allowed bail application filed by Nitin Mota @ Monu in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, recording willingness of the court to grant bail subject to conditions.

What did the court decide?

Bail granted to the applicant on executing a personal bond and two reliable sureties in like amount, subject to various conditions including regular appearance.

Nitin Mota @ Monu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42589 of 2021

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Applicant :- Nitin Mota @ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Nazia Ilyas,Sarwar Ali Siddique Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Nitin Mota @ Monu, in Case Crime No. 208 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Babugarh, District-Hapur.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 03.07.2020; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. In gang chart, he has been shown to be of two criminal antecedents, wherein, he is on bail; hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not oppose this fact that in gang chart, there are only two cases against the applicant, wherein, he is on bail.

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Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Nitin Mota @ Monu , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad. 6. The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 13.1.2022 Deepak/

Nitin Mota @ Monu v. State of U.P.

Case brief

What is this about?

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Nitin Mota @ Monu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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