Allowed

Nitesh Kumar v. State of U.P.

Allahabad HC20 Dec 2022BAIL/58185/2022

Case brief

AI extract

What is this about?

In an application for bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, the Allahabad High Court allowed the application despite the serious nature of the offence, viewing it as a bail-friendly case. The applicant was ordered to execute a bond with sureties.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in the amount required subject to conditions.

Nitesh Kumar 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. - 58185 of 2022

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Applicant :- Nitesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Vishwakarma,Ranjana Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Om Prakash Vishwakarma, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 322 of 2022, registered under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bardah, District Azamgarh during pendency of the trial.

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Learned counsel for the applicant submitted that two cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart by co-ordinate Bench of this Court vide orders dated 12.10.2022 and 16.09.2022, copy of the same has been annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the cases shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 22.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Nitesh Kumar, who is involved in the

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aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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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.

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Order Date :- 20.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.21 10:38:23 IST Reason: Location: High Court of Judicature at Allahabad

Nitesh Kumar v. State of U.P.

Case brief

What is this about?

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Nitesh Kumar v. State of U.P.

Case brief

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