Application for bail in a crime registered under the UP Gangster and Anti Social Activities (Prevention) Act, 1986. The High Court allowed the bail application without commenting on the merits.
Released on bail furnishing a personal bond and two sureties each in the like amount.
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Neutral Citation No. - 2023:AHC-LKO:39272
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7224 of 2023
Applicant :- Ashu @ Ashutosh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Karunakar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant, learned A.G.A. for the State respondent and perused the record.
Learned counsel for the applicant has submitted that only one case has been shown against the applicant in the gang-chart and in that case, the applicant is on bail. Copy of bail order is annexed as Annexure No. 3 to the affidavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated in the present crime. The copy of the gangchart has been annexed as Annexure no. 2 to the affidavit. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. He next submits that the applicant is in jail since 10.04.2023 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the applicant has been granted bail in the case mentioned in the gang-chart.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant Ashu @ Ashutosh be released on bail in Case Crime No. 78 of 2023, under Section 2(b)(i)/3 UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Pasgawan, District Lakhimpur Kheri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2023
sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant was entitled to bail in the présente case despite charges under the UP Gangster and Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Ashu @ Ashutosh
State Of U.P. Thru. Prin. Secy. Home Lko.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
