The court granted bail to the applicant in a gangster case, observing that the previous bail order and submissions were not satisfactorily disputed by the state, without commenting on the merits of the case.
Release of the applicant on bail by furnishing a personal bond and two heavy sureties, subject to specific conditions regarding conduct and appearance.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59446 of 2022
Applicant :- Mahesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
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. 1091 of 2009, under Section 2/3 Gangster Act, Police Station- Kurawali, District- Mainpuri, during the pendency of trial.
Counsel for the applicant submits that earlier the applicant was granted bail by this Court on 12.03.2010. Thereafter the applicant was regularly appearing before the court concerned. The applicant in order to earn his livelihood went to Ahmedabad. Thus he could not appear before the court below on the dates fixed. Consequently, non-bailable warrants were issued and the applicant was arrested on 07.11.2022. Counsel for the applicant submits that the applicant has every intention to appear before the Court concerned and participate in the trial. The applicant is in jail since 07.11.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
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.
Let the applicant, Mahesh Chandra involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
4. the applicant shall not leave the district without the leave of the court concerned.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 18.1.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail under Section 439 Cr.P.C.
Whether the conditions, including furnishing sureties and restrictions on movement, are sufficient for granting bail
1 provisions across 1 enactments
Mahesh Chandra
State of U.P.
Vivek Varma
Sachin Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
