Allowed

Bablu Kaish Miya v. State of U.P.

Allahabad HC4 Oct 2023BAIL/40330/2023

Case brief

AI extract

What is this about?

This bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 was allowed. The court, without commenting on merits, held the applicant entitled to release on bail with a personal bond and two sureties on standard conditions.

What did the court decide?

The applicant Bablu Kaish Miya was released on bail on furnishing a personal bond and two sureties each of like amount to the satisfaction of the court concerned, subject to conditions not to tamper w

Bablu Kaish Miya Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192650

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40330 of 2023

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Applicant :- Bablu Kaish Miya Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Tripathi,Gautam Kumar Dubey

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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 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. 268 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sikriganj, DistrictGorakhpur, 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 against the applicant and in that case applicant has been enlarged on bail. The coy of 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 10.07.2023.

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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- Bablu Kaish Miya 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;

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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 :- 4.10.2023 S.Verma

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

Bablu Kaish Miya v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bablu Kaish Miya v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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