Allowed

Asha Ram v. State of U.P.

Allahabad HC21 Nov 2023BAIL/43418/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 43418 of 2023, the Allahabad High Court granted bail to Asha Ram under the U.P. Gangster and Anti-Social Activities Act, 1986, despite hearing the State's opposition. The court relieved on a personal bond and two sureties with standard conditions prohibiting tampering, non-cooperation, or further crimes.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the amount to the satisfaction of the court concerned, subject to specific conditions.

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

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Neutral Citation No. - 2023:AHC:220825

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43418 of 2023

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Applicant :- Asha Ram Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Radhey Shyam Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

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By means of the present bail application, the applicant seeks bail in Case Crime No.213 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Alapur, District- Budaun, 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 have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph-6 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of three cases against the applicant, which has been explained in paragraph-7 of the affidavit and in the supplementary affidavit dated 30.10.2023. The applicant is languishing in jail since 27.7.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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On the other hand, learned AGA opposed the prayer for bail.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Asha Ram , involved in aforementioned case 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 with the following conditions that :-

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 21.11.2023 Vikas

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[Krishan Pahal, J.]

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

Asha Ram v. State of U.P.

Case brief

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Asha Ram v. State of U.P.

Case brief

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