Allowed

Banney v. State of U.P.

Allahabad HC6 Apr 2023BAIL/54910/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 54910 of 2022, the Allahabad High Court granted bail to Banney, who was in jail since August 2, 2022. The court approved his release on a personal bond and two sureties in Case Crime No. 187 of 2002, subject to standard conditions regarding appearance and conduct.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties in Case Crime No. 187 of 2002.

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

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54910 of 2022

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Applicant :- Banney Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Tripathi,Ram Charan Lal Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by the learned

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

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The submission of the learned counsel for the applicant is that the accused applicant is in jail since 02.08.2022. It is further submitted that in the present case applicant has already been released on bail by the Sessions Court vide order dated 07.02.2003 and due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and thereafter process was issued on 16.06.2022. It is further submitted that applicant was in jail in some other case due to which he could not appear on the date fixed. It is next submitted that in the gang chart five cases have been shown against the accused applicant and the same has been explained in para 2 of the supplementary affidavit. It is further submitted that apart from gangchart there is criminal history of three other cases against the applicant and the same has also been explained in para 8 of the affidavit filed in support of the bail application. Further submission is that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

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Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.

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Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.

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Let applicant Banney be released on bail in Case Crime No. 187 of 2002, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Fatehganj East, District Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 6.4.2023

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Bhanu

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

Banney v. State of U.P.

Case brief

What is this about?

What did the court decide?

Banney v. State of U.P.

Case brief

What is this about?

What did the court decide?

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