Allowed

Shan Mohammad v. State of U.P.

Allahabad HC5 Oct 2023BAIL/39481/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of the applicant, Shan Mohammad. Despite opposition from the State Agency, the Court observed that the applicant was not a gang leader or member. Bail was granted on furnishing a personal bond and two sureties subject to specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties on conditions not to tamper with evidence, not to pressurize witnesses, and to appear in court.

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

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Neutral Citation No. - 2023:AHC:191198

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39481 of 2023

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Applicant :- Shan Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Tiwari 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. 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. 100 of 2022, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Babupurwa, DistrictKanpur Nagar, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, 1 case has been shown against the applicant and in that case the applicant has been enlarged on bail. The bail order has been annexed as Annexure No. 3 to the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The applicant is in jail since 09.08.2023, 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- Shan Mohammad 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;

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(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 :- 5.10.2023

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S.Verma

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

Shan Mohammad v. State of U.P.

Case brief

What is this about?

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Shan Mohammad v. State of U.P.

Case brief

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