Allowed

Nand Kishore v. State of U.P.

Allahabad HC5 Jan 2023BAIL/52728/2022

Case brief

AI extract

What is this about?

Hon'ble High Court of Judicature at Allahabad, through a single judge, allowed a bail application filed by Nand Kishore in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, without engaging merits of the case. The applicant was directed to furnish a personal bond and two sureties upon release.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court below subject to conditions.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52728 of 2022

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Applicant :- Nand Kishore Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Case No. 314 of 2019 at Police Station, Tajganj, District Agra under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 05.04.2019.

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The bail application of the applicant was rejected by learned trial court on 01.11.2022.

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The following arguments made by Shri Ajay Dubey, learned counsel assisted by Shri Ashish Kumar Pandey on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya learned AGA-I from the record, entitle the applicant for grant of bail:

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(1). The applicant has already undergone the sentences and has been released thereafter in the the two criminal cases depicted in the gang chart. He is not a member of any criminal gang.

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(2). The applicant does not have any criminal history apart from the above said cases.

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(3). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Nand Kishore be released on bail in the aforesaid case crime number, on furnishing a personal bond 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 or influence any witness during the trial.

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

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Order Date :- 5.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Nand Kishore v. State of U.P.

Case brief

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Nand Kishore v. State of U.P.

Case brief

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