Allowed

Usman v. State of U.P.

Allahabad HC7 Dec 2022BAIL/54796/2022

Case brief

AI extract

What is this about?

High Court allowed bail to Usman in a trial under the Uttar Pradesh Gangsters and Anti-Social Activities Prevention Act, 1986. The court noted the applicant's existing bail history in other gang chart cases and held that he had made out a case considering the nature of the offence and lack of apprehension regarding fleeing.

What did the court decide?

Bail allowed on furnishing a personal bond and two sureties in like amount with conditions to not tamper with evidence, cooperate in trial, and refrain from criminal activity.

Usman 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. - 54796 of 2022

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Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan 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- Usman for grant of bail, in Case Crime No. 450 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station- Budhana, District Muzaffar Nagar, 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 two cases mentioned in the gang chart. However, in both the cases mentioned in the gang chart, the applicant has been enlarged on bail by competent Courts and copies of the bail orders are also placed on record as Annexure no.3 to the affidavit in support of bail application.

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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 17.08.2022 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.

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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- Usman involved in the aforesaid crime be

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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 :- 7.12.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.12.09 09:57:34 IST Reason: Location: High Court of Judicature at Allahabad

Usman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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