Allowed

Mintu Ali v. State of U.P.

Allahabad HC10 Apr 2023BAIL/2344/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to Mintu Ali in a case under the U.P. Gangster & Anti Social Activities (Prevention) Act. The court found it a fit case for bail after considering the applicant's prior history and undertaking regarding sureties and conditions.

What did the court decide?

Released on bail with a personal bond and two sureties subject to four conditions regarding behavior and attendance.

Mintu Ali Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2344 of 2023

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Applicant :- Mintu Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ankesh Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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

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The submission of the learned counsel for the applicant is that the accused applicant is in jail since 29.10.2022. In the gang chart only one case has been shown against the accused applicant and in that case the accused applicant has already been released on bail and the bail order is annexed as Annexure no. 1 to the supplementary affidavit. It is further submitted that apart from gangchart the criminal history against the applicant has been properly explained in para 3 of the supplementary affidavit and the bail orders are also attached as Annexure no. S.A.-1 to the supplementary affidavit. Further submission is that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

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Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.

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Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.

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Let applicant Mintu Ali be released on bail in Case Crime No. 253 of 2022, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Gulriha, District Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and

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will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of 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 activities.

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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 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 :- 10.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Mintu Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mintu Ali v. State of U.P.

Case brief

What is this about?

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What the court decided

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