Allowed

Brijendra Arakh v. State of U.P.

Allahabad HC17 Oct 2022BAIL/46205/2022

Case brief

AI extract

What is this about?

This is an order granting bail to the accused-applicant Brijendra Arakh in a trial case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The High Court allowed the application upon realization of a personal bond and two sureties, expressing no opinion on the merits of the case.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46205 of 2022

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Applicant :- Brijendra Arakh Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Dwivedi,Gyan Prakash Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Brijendra Arakh for grant of bail, in case Crime No. 114 of 2018, under Section 2/3 of Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Manikpur, District Chitrakoot, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in single case mentioned in the gang chart. However, in single case mentioned in the gang chart, the applicant has been enlarged on bail by a coordinate Bench of this Court vide order dated 19.9.2022 passed in Criminal Misc. Bail Application No.20404 of 2020 and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit in support of bail application. It is further submitted that co-accused persons namely, Neeraj Yadav, Nand Kishore @ Nanka, Omprakash @ Munna have already been enlarged on bail vide orders dated 30.01.2019, 10.04.2019 and 3.3.2020 passed in Criminal Misc. Bail Application Nos. 4210 of 2019, 14818 of 2019 and 57676 of 2019, respectively. It is next submitted that apart from the cases mentioned in the gang chart, the applicant is not involved in any other criminal case and in this case he is detained in prison since 16.09.2018 and there is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the

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learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Brijendra Arakh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.10.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.10.18 13:26:35 IST Reason: Location: High Court of Judicature at Allahabad

Brijendra Arakh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brijendra Arakh v. State of U.P.

Case brief

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What did the court decide?

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