Allowed

Hasnain v. State of U.P.

Allahabad HC27 Jan 2023BAIL/56688/2022

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application filed by Hasnain in a case involving the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The court granted bail on a personal bond and two sureties subject to standard conditions without commenting on the merits.

What did the court decide?

Release of the applicant on bail on a personal bond and two sureties each of a like amount to the satisfaction of the court concerned.

Hasnain 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. - 56688 of 2022

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Applicant :- Hasnain Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant and learned A.G.A. for the Stateopposite party.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No.307 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Seeshgarh, District Bareilly, during pendency of the trial.

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It is contended by counsel for the applicant that according to the gang chart seven cases have been shown against the applicant and in the said cases he has been granted bail. Apart from the aforesaid cases the applicant is involved in five cases and in the said cases he has been granted bail. In so far as case crime no. 127 of 2020 is concerned the applicant has not been chargesheeted. It is further submitted that the applicant is not a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 29.10.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail.

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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 applicant is entitled to be enlarged on bail.

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Let the applicant, Hasnain involved in the aforesaid case be released on bail on his 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 applicant shall not temper with the prosecution evidence.

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.

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Order Date :- 27.1.2023

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S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Hasnain v. State of U.P.

Case brief

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Hasnain v. State of U.P.

Case brief

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