Allowed

Fatehyab Chaudhary v. State of U.P.

Allahabad HC3 Feb 2023BAIL/367/2023

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangsters and Anti-Social Activities Prevention Act, 1986, the Court allowed the release of the applicant on bail, noting he was an accused based on a solitary case for which he had already been granted bail, treating it as a fit case despite his criminal history.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to non-interference and no antisocial activity.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 367 of 2023

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Applicant :- Fatehyab Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Yogendra Pal Singh

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri S. Shahnawaz Shah, learned counsel for the applicant and Sri Aravind Mishra Advocate holding brief of Sri Yogendra Pal Singh, learned counsel for one of the victim and Sri Amit Kumar Shukla, learned brief holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 477 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Medical College, District Meerut, during pendency of the trial in the court below.

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Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart.

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Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in solitary case shown in the gang chart, he has already been released on bail. He further submitted that apart from the solitary case shown in the gang chart, applicant is having criminal history of four cases and in all the cases he has already been enlarged on bail and he is in jail since 16.3.2022, therefore, he may be released on bail.

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Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but both the counsels could not dispute the factual arguments advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It appears that on the basis of solitary case shown in the gang

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chart applicant made accused in the present case and in the solitary case, he has already been enlarged on bail although apart from the solitary case shown in the gang chart, applicant is having criminal history of four cases but in all the cases he has already been enlarged on bail and in the present matter, he is in jail since 16.3.2022, therefore, this Court is of the view that it is a fit case to release the applicant on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Fatehyab Chaudhary be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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

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Order Date :- 3.2.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Fatehyab Chaudhary v. State of U.P.

Case brief

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Fatehyab Chaudhary v. State of U.P.

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