Allowed

Abhishek v. State of U.P.

Allahabad HC30 Jan 2023BAIL/58364/2022

Case brief

AI extract

What is this about?

In a bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, the Court allowed the applicant's plea. The Court found a prima facie case for bail, citing the nature of the offence and lack of prior conviction, while referring to the Apex Court judgment in Satendra Kumar Antil.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to conditions preventing tampering with evidence and requiring sincere cooperation in trial.

Abhishek 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. - 58364 of 2022

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Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani 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, Sri Ganesh Mani Tripathi, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 259 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S.- Nawabganj, District- Kanpur Nagar, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in four cases in which he has already been enlarged on bail by Co-ordinate Bench of this Court and the court below, copy of the bail orders is annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang nor leader of any gang nor involved in any anti-social activity. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 12.07.2019 and in case, he is enlarged 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. 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 , passed in 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 Abhishek, 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 conditions. Further, before issuing the release order,

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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 :- 30.1.2023 Rama Kant

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

Abhishek v. State of U.P.

Case brief

What is this about?

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Abhishek v. State of U.P.

Case brief

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