Allowed

Haseebu Alias Haseeb and Another v. State of U.P.

Allahabad HC5 Jan 2023BAIL/52582/2022

Case brief

AI extract

What is this about?

This bail application was filed under Section 439 Cr.P.C. involving the U.P. Gangster Act. Counsel submitted the applicants were falsely implicated. The court, without assessing merits, granted bail on personal and surety bonds with conditions against tampering or pressuring witnesses.

What did the court decide?

Release on bail on personal bond and two sureties each of like amount.

Haseebu Alias Haseeb and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52582 of 2022

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Applicant :- Haseebu Alias Haseeb And Another Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned Counsel for the applicants and Sri Vikas Sahai, learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 125 of 2022, under Section 2/3 of U.P. Gangster @ Anti Social Activities (Prevention) Act, 1986, Police StationSehramau Uttari, District- Pilibhit.

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It is contended that according to the gang chart three cases have been shown against the applicants. In the said cases they have been granted bail by the courts concerned. It is next contended that apart from the aforesaid case the applicant no. 1 is involved in five cases whereas applicant no. 2 is involved in three cases. In the said cases they have been enlarged on bail. It is further submitted that the applicants are neither members of any gang nor are gang leaders and they have been falsely implicated in the present case due to ulterior motive. They are in jail since 07.07.2022. In case they are enlarged on bail, they will not misuse the said liberty.

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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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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

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Let the applicants- Haseebu @ Haseeb and Shadab involved in aforesaid case be released on bail on their 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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the applicants shall not temper with the prosecution evidence;

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the applicants shall not pressurize the prosecution witness;

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the applicants 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 :- 5.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Haseebu Alias Haseeb and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Haseebu Alias Haseeb and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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