Single judge bail application under Gangster Act. Court granted bail allowing release on personal bond and sureties with specific conditions to ensure trial conduct and non-interference, without commenting on case merits.
Released on bail through personal bond and two sureties subject to specific conditions of conduct and trial attendance.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10423 of 2023
Applicant :- Krishna Mohan Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Bahadur Singh,Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicant is that the accused applicant is in jail since 05.01.2023. In the gang chart only one case has been shown against the accused applicant and in that case the accused applicant has already been released on bail and the bail order is annexed as Annexure no. S.A-1 to the supplementary affidavit. It is further submitted that applicant has criminal history and the same has been properly explained in para no. 8 of the affidavit filed in support of the bail application. Further submission is that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.
Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Krishna Mohan Nishad be released on bail in Case Crime No. 6 of 2023, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Rudrapur , District Deoria, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and
will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of 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 activities.
(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 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 :- 27.4.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant fits the criteria for bail considering his criminal history and current incarceration.
1 provisions across 1 enactments
Krishna Mohan Nishad
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
