Allowed

Ajay v. State of U.P.

Allahabad HC17 Feb 2022BAIL/5187/2022

Case brief

AI extract

What is this about?

Criminal MISC. Bail Application allowed. High Court held that the applicant, already granted bail in a related gangster case, is entitled to bail. Bail granted upon furnishing a personal bond and two local sureties with specific conditions on tampering and court attendance.

What did the court decide?

Released on bail with personal bond and two local sureties, subject to conditions prohibiting tampering with evidence, pressuring witnesses, and mandatory court attendance.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5187 of 2022

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Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Shiv Murti Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the applicant Shri Pankaj Sharma, Shri Bharat Pal Singh, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 22 of 2022, under Section 2/3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Mathura.

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The submission of the learned counsel for the applicant is that in the gang chart, only one case has been shown bearing case crime no. 550 of 2021, under Sections 394, 411, 120-B I.P.C. P.S. Kotwali, District Mathura, in which the applicant has already been enlarged on bail by this Court vide order dated 1301-2022, which is annexed as annexure-3 to the affidavit filed in support of the bail application. It is next contended that the applicant is in jail since 08-01-2022 and in case he is enlarged on bail, he will not misuse the said liberty.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicant has already been enlarged on bail in the aforementioned case shown in the gang chart and without expressing any opinion on merit of the case, I am of view that the applicant is entitled for bail.

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Let the applicant Ajay involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.2.2022

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pks

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Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.02.18 11:05:24 IST Reason: Location: High Court of Judicature at Allahabad

Ajay v. State of U.P.

Case brief

What is this about?

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Ajay v. State of U.P.

Case brief

What is this about?

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