Allowed

Kamlesh Kumar Yadav v. State of U.P.

Allahabad HC13 Oct 2023BAIL/37681/2023

Case brief

AI extract

What is this about?

This judgment is a bail application under Section 3(1) of the UP Gangsters Act. The applicant alleged false implication due to police rivalry. The court allowed bail subject to furnishing a personal bond and two sureties with specific conditions.

What did the court decide?

Release on bail with a personal bond and two sureties, conditioned on appearing in court, not tampering with evidence, and not pressuring witnesses.

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

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Neutral Citation No. - 2023:AHC:200141

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37681 of 2023

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Applicant :- Kamlesh Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard Sri Dinesh Kumar Yadav, learned counsel for the applicant who has file supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.404 of 2023, under Section 3(1) UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Azamgarh, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of cases shown in the gang chart in which he has been enlarged on bail. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 22.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Kamlesh Kumar Yadav , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 13.10.2023

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Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Kamlesh Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlesh Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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