Allowed

Praveen Mishra v. State of U.P.

Allahabad HC14 Jun 2023BAIL/21096/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under U.P. Gangster and Anti Social Activities (Prevention Act), 1986, the High Court, without expressing an opinion on the merits, granted bail to the applicant upon furnishing a personal bond and two sureties.

What did the court decide?

Applicant Praveen Mishra released on bail under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention Act), 1986, with personal bond and two sureties.

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

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Neutral Citation No. - 2023:AHC:126601

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21096 of 2023

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Applicant :- Praveen Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ashutosh Upadhyay, learned counsel for the applicant, learned AGA for the State and perused the record.

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It is submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the instant case. It is further submitted that two cases have been shown in the gang-chart against the applicant and in those cases, the applicant has already been granted bail. The gang chart has been annexed as Annexure-2 to the affidavit filed in support of the bail application. Copy of the bail orders are annexed as Annexure-SA-1 & 2 to the supplementary affidavit filed in support of the application. It is further submitted that the applicant is not a member of any gang nor involved in any anti social activities. The applicant is in jail since 3.4.2023 and if released on bail, he will not misuse the liberty of bail.

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On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant- Praveen Mishra be released on bail in Case Crime No.139 of 2022, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention Act), 1986, Police Station Barsathi, District Jaunpur, 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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(i) The applicant will not tamper with prosecution evidence in any

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manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 14.6.2023

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m.a.

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Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad

Praveen Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Praveen Mishra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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