Allowed

Arvind Agrawal@ Aman v. State of U.P.

Allahabad HC25 Mar 2022BAIL/8678/2022

Case brief

AI extract

What is this about?

The High Court allowed bail to the accused applicant under the U.P. Gangsters Act. Relying on the fact that identically placed co-accused were granted bail by coordinate benches, the court held that the applicant had made out a case for bail by furnishing a personal bond with sureties and undertaking specific conditions.

What did the court decide?

Application allowed; accused to be released on bail by furnishing a personal bond with two sureties and complying with conditions not to tamper with evidence, not to seek adjournments, and not to comm

Arvind Agrawal@ Aman Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8678 of 2022

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Applicant :- Arvind Agrawal@ Aman Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Sri Rajiv Kumar Pandey, 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 on behalf of the accusedapplicant/ Arvind Agrawal@ Aman for grant of bail, in Case Crime No. 266 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station Dadon District Aligarh, during pendency of trial.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case as well as in two cases mentioned in the gang chart, however, in both the cases mentioned in the gang chart he has been released on bail. It is further submitted that apart from two cases mentioned in the gang chart criminal history of two other cases is being shown against the applicant. However, in those cases also the applicant has been granted bail and the copies of bail orders pertaining to the cases mentioned in the gang chart as well as of the cases shown as criminal history have been placed on record. It is further submitted that identically placed co-accused persons namely Jahid and Amir have been granted bail by a coordinate Bench of this Court vide order dated 27.01.2022 passed in Criminal Misc. Bail application No. 593 of 2022. The applicant is in jail in this case since 03.09.2021. Charge-sheet in the matter has already been filed and there’s 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 of bail but could not confront the factual submission that identically placed coaccused persons have been granted bail by coordinate Benches of this Court.

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Having heard learned counsel for the parties and having perused the record, it is evident that identically placed coaccused persons, namely, Jahid and Amir have been granted bail by coordinate Bench of this Court. The applicant is in jail in this case since 03.09.2021. The presence of the applicant could be

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secured before the trial court by placing adequate conditions. 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 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 accused-applicant/ Arvind Agrawal@ Aman involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) 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 :- 25.3.2022

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Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.03.30 16:54:13 IST Reason: Location: High Court of Judicature at Allahabad

Arvind Agrawal@ Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arvind Agrawal@ Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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