Allowed

Anil Nati Chaurasiya v. State of U.P.

Allahabad HC29 Mar 2023BAIL/463/2023

Case brief

AI extract

What is this about?

On the second bail application, the Allahabad High Court dismissed the first application and granted bail to the applicant in a case under the U.P. Gangsters Act, subject to strict conditions including personal bonds, heavy sureties, and undertakings regarding court attendance and non-abuse of bail.

What did the court decide?

Bail granted to the applicant on executing a personal bond and furnishing two heavy sureties, subject to strict conditions regarding court attendance and non-abuse of liberty.

Anil Nati Chaurasiya Vs State of U.P. — Money Laundering | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 463 of 2023

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Applicant :- Anil Nati Chaurasiya Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sanjeev Kumar Sharma, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State.

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This is the second bail application. The first bail application moved on behalf of the applicant was rejected vide order dated 28.11.2022.

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It has been contended by the learned counsel for the applicant that only one case has been shown against the applicant in the Gang Chart which has been annexed at page-26 of the bail application and in the said case, the applicant has been granted bail by the competent Court. Apart from the case which has been shown in the gang chart some other cases are there against the applicant which have been explained in paragraph no.26 of the affidavit accompanying this bail application. The applicant is in jail since 19.10.2021.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicant- Anil Nati Chaurasiya involved in Case Crime No.54 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Fazalganj, District Kanpur Nagar be enlarged on bail on his executing a personal bond and furnishing two heavy sureties, each (one should be of a family member) in the like amount to the satisfaction of the court concerned subject to the following condition:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate

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proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 29.3.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Anil Nati Chaurasiya v. State of U.P.

Case brief

What is this about?

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Anil Nati Chaurasiya v. State of U.P.

Case brief

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