Allowed

Anuj Kumar and Another v. State of U.P.

Allahabad HC13 Apr 2023BAIL/15530/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 15530 of 2023, the Allahabad High Court granted bail to Anuj Kumar and Anoop Kumar, charging them under the U.P. Gangster Act. The court noted their release in other related cases and the lack of evidence establishing their status as gangsters.

What did the court decide?

Applicants released on bail on personal bond and two sureties each, subject to conditions including non-tampering with evidence and appearance before the trial court.

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

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Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15530 of 2023

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Applicant :- Anuj Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar,Ankit Namdev Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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It is submitted by learned counsel for the applicants that there are five cases shown in the gang chart against applicants, in which cases they are already on bail, the bail orders are annexed as Annexure nos.3 to 7 to the affidavit. It is the submission of learned counsel for the applicants that applicants neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicants are languishing in jail since 3.3.2023 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicants are member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available. It is further submitted that coaccused Sajid has already been granted bail by co-ordinate Bench of this Court by order dated 11.4.2023 passed in Criminal Misc. Bail Application No.16038 of 2023. Copy of which has been produced for perusal.

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Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case.

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Having heard learned counsel for the parties, it is evident that the provision of Gangster Act has been invoked against the applicants on the basis of five criminal cases. However, applicants have been released on bail in the aforesaid cases. Learned A.G.A. has not produced any material to demonstrate that the applicant comes within the definition of "Gangster" and "Gang" under U.P. Gangsters and Antisocial Activities (Prevention ) Act, 1986. Mere pendency of criminal case may not ipso facto invoke provisions of

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U.P. Act No.7 of 1986.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants Anuj Kumar and Anoop Kumar involved in Case Crime No.455 of 2022, under Section 2(b) (1)/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Beta-2, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/intimidate the prosecution witness.

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The applicants will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicants shall make themselves available for interrogation by a police officer as and when required.

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

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5 . The applicants 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.

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The applicants shall not leave India without the previous permission of the Court.

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

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Order Date :- 13.4.2023

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D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Anuj Kumar and Another v. State of U.P.

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Anuj Kumar and Another v. State of U.P.

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