Allowed

Sahil v. State of U.P.

Allahabad HC26 May 2023BAIL/18863/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under the U.P. Gangsters and Anti Social Activities Act. The grant was conditioned upon executing a bond with heavy sureties and agreeing to specific restrictions regarding court appearances and failure to appear.

What did the court decide?

Enlarge the applicant on bail on a personal bond and two heavy sureties subject to strict conditions regarding court attendance and procedures for default.

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

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Neutral Citation No. - 2023:AHC:121833

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18863 of 2023

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Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant and Sri Mithilesh Kumar, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that only six cases have been shown against the applicant in the Gang Chart which has been annexed at pages-25 and 26 of the bail application and in the said cases, the applicant has been granted bail by the competent Court. The applicant is in jail since 2.3.2023.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Sahil involved in Case Crime No.136 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali, District Jaunpur be enlarged on bail on his executing a personal bond and furnishing two heavy sureties (one should be of family member) , each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court

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on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 26.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Sahil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sahil v. State of U.P.

Case brief

What is this about?

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