Allowed

Kalu @ Krishna Pal v. State of U.P.

Allahabad HC2 Feb 2023BAIL/58301/2022

Case brief

AI extract

What is this about?

Bail application allowed for applicant accused under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. Court granted bail on personal bond and sureties, referencing Satendra Kumar Antil, subject to standard conditions against tampering with evidence or committing further crimes.

What did the court decide?

Bail granted on furnishing personal bond and two sureties, subject to conditions against tampering with evidence, securing adjournments, and committing crimes.

Kalu @ Krishna Pal Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58301 of 2022

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Applicant :- Kalu @ Krishna Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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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 instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 1180 of 2021, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Baghpat District Baghpat during pendency of the trial.

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Learned counsel for the applicant submitted that two cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart which is annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the cases shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 23.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Kalu @ Krishna Pal, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following

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conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 2.2.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Kalu @ Krishna Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kalu @ Krishna Pal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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