Allowed

Mukhtar @ Munna Rajbhar v. State of U.P.

Allahabad HC2 Dec 2022BAIL/53910/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Mukhtar @ Munna Rajbhar under the UP Gangsters Act. The court allowed the bail, noting the applicant had been granted bail in similar offences previously and found no likelihood of fleeing or misuse of liberty.

What did the court decide?

Grant of bail to the applicant on personal bond and two sureties under specific conditions including prohibition of tampering with evidence and criminal activity.

Mukhtar @ Munna Rajbhar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53910 of 2022

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Applicant :- Mukhtar @ Munna Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Sher Bahadur Yadav 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- Mukhtar @ Munna Rajbhar for grant of bail, in case Crime No. 408 of 2022, under Section 3(1) of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Deogaon, District Azamgarh, 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 17.10.2022 passed in Criminal Misc. Bail Application No.46095 of 2022 and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit filed in support of bail application.

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It is further submitted that apart from the single case mentioned in the gang chart, the applicant has criminal history of three other cases and in all the cases he has been enlarged on bail by the competent Courts and copies of the bail orders are annexed as Annexure No.4 to the affidavit. It is next submitted that applicant is languishing in jail since 26.10.2022 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 which provisions of Gangsters Act were invoked.

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Keeping in view the nature of the offence, evidence, complicity

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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- Mukhtar @ Munna Rajbhar 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 :- 2.12.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.12.05 10:24:11 IST Reason: Location: High Court of Judicature at Allahabad

Mukhtar @ Munna Rajbhar v. State of U.P.

Case brief

What is this about?

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Mukhtar @ Munna Rajbhar v. State of U.P.

Case brief

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What did the court decide?

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