Allowed

Jasveer v. State of U.P.

Allahabad HC6 Apr 2022BAIL/9581/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a case under the U.P. Gangster and Anti Social Activities Prevention Act. The court found merit in the submission that the applicant was falsely implicated and absent due to a communication gap with his counsel. Bail was granted on a personal bond and two sureties.

What did the court decide?

The applicant Jasveer was released on bail on furnishing a personal bond and two sureties each in the like amount.

Jasveer Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9581 of 2022

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Applicant :- Jasveer Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi,Shashi Bhushan Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.278 of 2008, (G.S.T. No.257 of 2010) at Police Station-Quarsi, District-Aligarh under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 18.12.2021.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.4, Aligarh on 04.02.2022.

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Shri Janardan Prasad Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant had left for Gujarat in search of livelihood. There was a communication gap between the applicant and his counsel. The applicant was not intimated the date of proceedings before the trial court by the office of his counsel which caused his absence from the trial on the appointed dates. Learned counsel for the applicant contends that the

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applicant is a law abiding citizen and undertakes to join the court proceedings. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Indra Prakash Srivastava, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Jasveer be released on bail in the aforesaid case crime number 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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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.07 09:40:23 IST Reason: Location: High Court of Judicature at Allahabad

Jasveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jasveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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