Allowed

Saurabh v. State of U.P.

Allahabad HC10 Apr 2023BAIL/13317/2023

Case brief

AI extract

What is this about?

Shri Satyendra Vishwakarma appeared for the applicant seeking release on bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The High Court of Judicature at Allahabad, through JJ. Sameer Jain and KK Patel, considered the arguments and permitted the release.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each with undertaking to appear in court, not interfere with evidence, and not indulge in criminal activity.

Saurabh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 88

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13317 of 2023

¶3

Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Vishwakarma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Sameer Jain,J.

¶5

Heard Sri Satyendra Vishwakarma, learned counsel for the applicant and Sri Amit Kumar Shukla, learned brief holder for the State-respondent.

¶6

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 155 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Civil Lines, DistrictEtawah, during pendency of the trial in the court below.

¶7

Applicant was made accused in the present case on the basis of three cases shown against him in the gang chart.

¶8

Learned counsel for the applicant submitted that on the basis of three cases shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in all the three cases shown in the gang chart, he has already been released on bail. He further submitted that apart from the three cases shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since 8.1.2022, therefore, he may be released on bail.

¶9

Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.

¶10

I have heard learned counsel for the parties and perused the record of the case.

¶11

It appears that on the basis of three cases shown in the gang chart applicant made accused in the present case and in all the three cases, he has already been enlarged on bail although apart from the three cases shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since 8.1.2022, therefore, this Court is of the view that it is

¶12

a fit case to release the applicant on bail.

¶13

In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶14

Let the applicant- Saurabh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶15

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶16

(ii) 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 or any police officer or tamper with the evidence.

¶17

(iii) The applicant shall not indulge in any criminal and antisocial activity.

¶18

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

¶19

Order Date :- 10.4.2023

¶20

KK Patel

¶21

Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Saurabh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Saurabh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kallu Alias Subhash Vs State of U.P.

Akram Vs State of U.P.

Shambhu Prajapati Vs State of U.P.

Naushad Vs State of U.P.

Naseer @ Guddu @ Pan Vs State of U.P.

Tahir Khan Vs State of U.P.