Allowed

Kalyan Singh @ Kalyandas v. State of U.P.

Allahabad HC7 Mar 2022BAIL/7723/2022

Case brief

AI extract

What is this about?

This is a bail application under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant, involved in Case Crime No. 01 of 2022, was in jail. The High Court allowed bail on a personal bond and two sureties, subject to non-tampering with evidence and appearing for trial.

What did the court decide?

Relief: Release of applicant on bail by furnishing a personal bond and two sureties in each case upon fulfilment of standard bail conditions.

Kalyan Singh @ Kalyandas Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7723 of 2022

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Applicant :- Kalyan Singh @ Kalyandas Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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It is submitted by learned counsel for the applicant that according to gang chart, only one case had been shown against accused-applicant and in above case, he is on bail. There is criminal history of one other case against him, in which he is also on bail, which is explained in the paragraph No. 8 of the affidavit filed in support of the bail application. The applicant has been falsely implicated in the present case. He is languishing in jail since 1.1.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, 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- Kalyan Singh @ Kalyandas involved in Case Crime No. 01 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Anoopshahar, District - Bulandshahar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution

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witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 7.3.2022 Kamarjahan

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Digitally signed by KAMARJAHAN ANSARI Date: 2022.03.08 13:14:15 IST Reason: Location: High Court of Judicature at Allahabad

Kalyan Singh @ Kalyandas v. State of U.P.

Case brief

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Kalyan Singh @ Kalyandas v. State of U.P.

Case brief

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