Kalua v. State of U.P.
Case brief
What is this about?
The Hon'ble Court granted bail to the applicant, Kalua, in Case Crime No. 505 of 2022 under the U.P. Gangster & Anti Social Activities (Prevention) Act, subject to specific conditions including personal bond and two sureties.
What did the court decide?
Release of applicant Kalua on bail in Case Crime No. 505 of 2022 on furnishing personal bond and two sureties with specific conditions.
What the court decided
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3329 of 2023
Applicant :- Kalua Opposite Party :- State of U.P. Counsel for Applicant :- Mumtaz Ali,Pranav Mishra,Shad Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicant is that the accused applicant is in jail since 15.12.2022. In the gang chart three case have been shown against the accused applicant and in all the case, the accused applicant has already been released on bail and the bail orders are annexed as Annexure no. 2, 3 and 4 of the affidavit filed in support of the bail application. Further submission is that apart from gang chart there is only one case lodged against the accused applicant, in which, the accused applicant has already been granted bail. It is further submitted that 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.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.
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.
Issues for consideration
2 issues framed by the court
Whether the applicant is fit for release on bail in the pending criminal case.
What conditions should be imposed on the grant of bail to prevent tampering with evidence or committing further offenses.
Parties & counsel
- applicant
Kalua
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/3329/2023
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