Allowed

Kishori @ Ram Kishor v. State of U.P.

Allahabad HC10 Oct 2023BAIL/40166/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, dismissing no arguments on merits, allowed bail to the applicant in a case under the U.P. Gangster Act on furnishing bond and sureties, subject to conditions against tampering. The bench recorded that a co-ordinate court has already granted bail to co-accused.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties in the like amount, subject to conditions against tampering with evidence and influencing witnesses.

Kishori @ Ram Kishor Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195344

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40166 of 2023

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Applicant :- Kishori @ Ram Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 308 of 2020, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Tirwa, District Kannauj with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, one case has been shown against applicant, in which, he is already on bail, copy of which has been annexed as annexure-3 to the bail application. It is further submitted that co-accused Rajkumar, Ram Ashrey, Mukesh, Manish, Vishnudayal and Chandraprakash have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.41009/2021, 593/2021, 3083/2021, 4178/2021, 3555/2022 and 37940/2020 respectively. It is further submitted that applicant is languishing in jail since 03.09.2020 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.

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The bail application is allowed.

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Let the applicant Kishori @ Ram Kishor in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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

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

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Order Date :- 10.10.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Kishori @ Ram Kishor v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kishori @ Ram Kishor v. State of U.P.

Case brief

What is this about?

What did the court decide?

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