Allowed

Abdul Kayoom v. State of U.P.

Allahabad HC9 Nov 2023BAIL/48469/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Abdul Kayoom in a case under the U.P. Gangsters Act. The applicant was granted release on bond and two sureties with specific conditions against tampering and influencing witnesses.

What did the court decide?

Release on bail with a personal bond of Rs. 50,000 and two sureties of the like amount, subject to conditions prohibiting tampering and influencing witnesses.

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

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48469 of 2023

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Applicant :- Abdul Kayoom Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kishore Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 106 of 2023, under Section 3(1) U.P. Gangsters Act, Police Station Baburi, District Chandauli.

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Learned counsel for the applicant submits that in the gang-chart only one case has been mentioned in which he has been enlarged on bail by the co-ordinate Bench of this Court which have been explained in Paragraph- 8 of the affidavit. Apart from the gangchart there is no case registered against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 17.10.2023.

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Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.

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Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

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Let the applicant- Abdul Kayoom be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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

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(ii) The applicant will not influence any witness.

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

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(iv) The applicant shall not directly or indirectly make 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 bail cancellation application before this Court.

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Order Date :- 9.11.2023 Israr

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Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad

Abdul Kayoom v. State of U.P.

Case brief

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Abdul Kayoom v. State of U.P.

Case brief

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