Allowed

Mukesh Saini Alias Banta v. State of U.P.

Allahabad HC28 Mar 2023BAIL/13978/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under the U.P. Gangsters Act, the court considered the applicant's solitary liability from a gang chart and lack of prior record. It held it was a fit case for release on bail, though the judgment specifically avoided expressing an opinion on the merits of the underlying case. Bail was granted with standard conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with conditions regarding court appearance, non-tampering, and refraining from criminal/anti-social activities.

Mukesh Saini Alias Banta Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13978 of 2023

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Applicant :- Mukesh Saini Alias Banta Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rajiv Dwivedi, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 01 of 2023, under Sections 2/3 U.P. Gangsters and Anti Social Activities Act, 1986, Police Station Kotwali Dehat, District Banda, during pendency of the trial in the court below.

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

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Learned counsel for the applicant submitted that on the basis of solitary case 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 the case shown in the gang chart, he has already been released on bail. He further submitted that apart from the case shown in the gang chart, applicant is not having any criminal history to his credit and in the present matter, he is in jail since January, 2023, therefore, he may be released on bail.

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

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

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It appears that on the basis of solitary case shown in the gang chart applicant made accused in the present case and in that case, he has already been enlarged on bail and apart from the case shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since January, 2023, therefore, this

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Court is of the view that it is a fit case to release the applicant on bail.

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

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Let the applicant- Mukesh Saini Alias Banta 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:-

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

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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Order Date :- 28.3.2023 Ankita/AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Mukesh Saini Alias Banta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mukesh Saini Alias Banta v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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