Allowed

Sudhakar @ Tainiya @ Sania v. State of U.P.

Allahabad HC24 Mar 2023BAIL/13332/2023

Case brief

AI extract

What is this about?

This order allows a bail application filed by an accused under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court observed that the applicant had already been granted bail in the main case. Consequently, detaining the applicant in the present ancillary proceedings would serve no purpose. Bail was granted subject to conditions, including furnishing a personal bond and t

What did the court decide?

Accused released on bail by furnishing a personal bond and two sureties, subject to conditions to cooperate with investigation and refrain from interfering with witnesses.

Sudhakar @ Tainiya @ Sania Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 53

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13332 of 2023

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Applicant :- Sudhakar @ Tainiya @ Sania Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard Sri Pankaj Dwivedi, learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the accused-applicant with a prayer to release the accused-applicant on regular bail in Case Crime No. 39 of 2023, under Section 2/3 UP Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at P.S. Kotwali Nagar, District Etah.

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The prosecution case, in brief, is that the accused-applicant is involved in Case Crime No. 746 of 2022, under sections 457, 380, 411 I.P.C., P.S. Kotwali Nagar, District Etah and based on the sole case, the proceedings of Gangsters Act, 1986 has been invoked against the applicant while he was in jail in the said case.

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Learned counsel submits for the accused applicant that the applicant is innocent and has been falsely implicated in the present case due to an ulterior motive. He further submits that the charge sheet in Case Crime No. 746 of 2022 has already been filed, and the accused-applicant has already been enlarged on bail by the coordinate bench of this court vide order dated 17.01.2023 passed in Criminal Misc. Bail Application No. 1399 of 2023. He further submits that the police have invoked the provisions of the Gangsters Act malafidely with an ulterior motive. The accused-

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applicant has already been enlarged on bail in the leading case on 17.01.2023 and could not be released from jail because of the present case. The applicant-accused further undertake to cooperate in the trial and would not misuse the liberty if enlarged on bail in the captioned bail application.

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Learned A.G.A. opposed the bail application but could not deny the factual assertions made by the applicant's counsel.

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Having heard the learned counsel for the parties and after perusal of records, it transpires that the accused-applicant has already been granted bail by the co-ordinate bench of this court in Case Crime No. 746 of 2022, under Sections 457, 380, 411 IPC registered at P.S. Kotwali Nagar, District Etah on the strength of which the provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 has been invoked against the accusedapplicant. As the accused-applicant has already been enlarged on bail in the main case, no purpose would be served to keep the accused in jail in the present case. Hence, the bail application is allowed.

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Let the applicant, Sudhakar @ Tainiya @ Sania , be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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The accused-applicant shall cooperate with the investigation and attend to the Investing Officer when required.

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The applicant shall refrain from pressurising the witnesses during the trial.

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

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Order Date :- 24.3.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Sudhakar @ Tainiya @ Sania v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhakar @ Tainiya @ Sania v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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