Allowed

Kallu Khan v. State of U.P.

Allahabad HC9 Oct 2023BAIL/38575/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Kallu Khan under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The court observed that the applicant is neither a gang leader nor a member of any gang, granted bail on a personal bond and two sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties with conditions not to tamper with evidence or pressurize witnesses.

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

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Neutral Citation No. - 2023:AHC:193427

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38575 of 2023

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Applicant :- Kallu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Raju Kanaujia Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 142 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Talgram, District-Kannauj, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, only one case has been shown in which the applicant has been enlarged on bail. It is further contended that the applicant is neither a gang leader nor a member of any gang. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 30.04.2023, in case, he is enlarged on bail he will not misuse the liberty.

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

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Considering the rival submissions of learned counsel for parties and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Kallu Khan involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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 :- 9.10.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Kallu Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kallu Khan v. State of U.P.

Case brief

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