Allowed

Raj Kumar Gautam v. State of U.P.

Allahabad HC29 Nov 2022BAIL/52936/2022

Case brief

AI extract

What is this about?

This judgment grants bail to Raj Kumar Gautam in a trial proceeding under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, based on prior bail grants to him and co-accused and lack of flight risk.

What did the court decide?

Release of the applicant on bail on personal bond and two sureties with conditions to not tamper with evidence, not flee, and not commit further crimes.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52936 of 2022

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Applicant :- Raj Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Harindra Prasad,Arvind Kumar Bharti

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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- Raj Kumar Gautam for grant of bail, in case Crime No. 257 of 2022, under Section 3(1) of Uttar Pradesh Gangsters & AntiSocial Activities (Prevention) Act, 1986, Police Station Kopaganj, District Mau, 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 the single case mentioned in the gang chart, the applicant has been released on bail by a coordinate Bench of this Court vide order dated 21.02.2022 passed in Criminal Misc. Bail Application No. 1138 of 2022 and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit in support of bail application.

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He further submits that co-accused persons namely, Chhotu Yadav and Nagar Raidas have already been enlarged on bail by a coordinate Bench of this Court vide orders dated 9.11.2022 and 26.09.2022 passed in Criminal Misc. Bail Application Nos.49592 of 2022 and 42970 of 2022 respectively.

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It is further 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 23.09.2022 and there is no apprehension that the accused-applicant 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 with regard to the fact that the applicant has been granted bail in those offences on the basis of

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which provisions of Gangsters Act were invoked.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the 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- Raj Kumar Gautam 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 :- 29.11.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.11.29 17:03:28 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumar Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumar Gautam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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