This court allowed the criminal bail application filed by Bijli Nat. Despite opposition by the A.G.A., the court granted bail on the basis that the applicant was already on bail in the same and other cases.
Release on bail with personal bond and two sureties of Rs. 25,000 each.
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Neutral Citation No. - 2023:AHC:152091
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13504 of 2023
Applicant :- Bijli Nat Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
2. Submission of Counsel for the applicant is that the applicant is on bail in the sole case shown in the gang chart as well as on other cases. The copies of the bail orders are on record. The applicant is in custody since 25.01.2023.
3. Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
4. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicant has already been enlarged on bail in the aforementioned cases shown in the gang chart as well as on other cases, and without expressing any opinion on merit of the case, I am of view that the applicant is entitled for bail.
5. Thus, the present application is allowed .
6. Let the applicant Bijli Nat be released on bail in Case Crime/ FIR No. 205/2022, under Section 2, 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Garwar, District Ballia, on his furnishing a personal bond with two sureties of Rs. 25,000/each to the satisfaction of court concerned with the following
conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
Order Date :- 28.7.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, who is already on bail in the same case and others, is entitled to bail in the present application without expressing an opinion on the merit of the case.
1 provisions across 1 enactments
Bijli Nat
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
