Allowed

Taj v. State of U.P.

Allahabad HC5 Dec 2023BAIL/46934/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 46934 of 2023, the Allahabad High Court allowed bail to the applicant, Taj, accused under the U.P. Gangsters Act. The court emphasized that while on bail, the applicant must not tamper with evidence or influence witnesses.

What did the court decide?

The applicant shall be released on a personal bond and two sureties on conditions to not tamper with evidence, pressure witnesses, and appear before the trial court and SHO.

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

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Neutral Citation No. - 2023:AHC:229843

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46934 of 2023

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Applicant :- Taj Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Counter 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. 600 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sikandrabad, DistrictBulandshahar, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, four cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. The bail orders have 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 criminal history of the applicant has been explained in para 4 of the supplementary affidavit. The applicant is in jail since 5.10.2023.

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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, material available on record as well as in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, 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- Taj , 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; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court;

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(iv) the applicant shall appear before the S.H.O. concerned on any day of the first week of every month till the further order of 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 :- 5.12.2023 S.Verma

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

Taj v. State of U.P.

Case brief

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Taj v. State of U.P.

Case brief

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