Allowed

Kuldeep v. State of U.P.

Allahabad HC21 Oct 2022BAIL/45769/2022

Case brief

AI extract

What is this about?

Held that the applicant, recognizing prior bail grants in seven related gang chart cases, has made out a case for enlargement. The bail application under the U.P. Gangsters Act was allowed, with conditions including appearance and no interference with witnesses.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties of the like amount, subject to safety conditions.

Kuldeep 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. - 45769 of 2022

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Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Pandey,Rahul Pandey 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. 185 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Tappal, District Aligarh.

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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, seven cases have been shown against the applicant in which the applicant has already been enlarged on bail by by the court below. It is further submitted that the applicant is languishing in jail since 28.04.2021, 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 seven 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 - Kuldeep 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

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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 :- 21.10.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.10.21 17:16:07 IST Reason: Location: High Court of Judicature at Allahabad

Kuldeep v. State of U.P.

Case brief

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Kuldeep v. State of U.P.

Case brief

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