Allowed

Rahul Srivastava @ Atul Kumar Srivastava v. State of U.P.

Allahabad HC9 Feb 2023BAIL/5296/2023

Case brief

AI extract

What is this about?

Hon'ble Nand Prabha Shukla, J. allowed bail in a case under U.P. Gangsters Act, 1986. The court noted the applicant had already secured bail in one related case registered in the gang chart and found no criminal antecedents. Consequently, it was treated as a fit case for bail without commenting on merits.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two heavy sureties each subject to five conditions including not tampering with evidence and not committing further crimes.

Rahul Srivastava @ Atul Kumar Srivastava Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5296 of 2023

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Applicant :- Rahul Srivastava @ Atul Kumar Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Nand Prabha Shukla,J.

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Heard Sri Ashwani Kumar, learned Advocate, holding brief of Sri Ganesh Shankar Srivastava, learned counsel for the applicant, Sri Ratan Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 05 of 2023, registered under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Uska Bazar, District Siddharth Nagar during pendency of the trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that single case has been shown in the gang chart against the applicant in which he has been enlarged on bail. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. He further submits that there is no any other criminal history of the applicant except the present case. The applicant is in jail since 03.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, I

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find that applicant has been enlarged on bail in the case mentioned in the gang chart and there is no other criminal antecedents except the aforesaid case and, therefore, without commenting on the merits of the case, I find it a fit case for bail.

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

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Let the applicant-Rahul Srivastava @ Atul Kumar Srivastava involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) The applicant shall not directly or indirectly make any 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 ofÏcer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date : - 9.2.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Rahul Srivastava @ Atul Kumar Srivastava v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahul Srivastava @ Atul Kumar Srivastava v. State of U.P.

Case brief

What is this about?

What did the court decide?

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