Allowed

Jatan Saini v. State of U.P.

Allahabad HC12 Jan 2023BAIL/59586/2022

Case brief

AI extract

What is this about?

The court allowed a bail application for an applicant accused under the U.P. Gangsters Act. Finding the application meritorious despite the prosecution's reliance on a gang chart, the court ordered the applicant's release on personal and local surety bond with standard conditions.

What did the court decide?

Release on bail upon furnishing a personal bond and two local sureties of like amount.

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

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59586 of 2022

¶3

Applicant :- Jatan Saini Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Varma,J.

¶5

Heard learned Counsel for the applicant and learned A.G.A. for the State.

¶6

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. 767 of 2022, under Section 2/3 U.P. Gangsters @ Anti Social Activities (Prevention) Act, 1986, Police StationKotwali Nagar, District- Bulandshahr.

¶7

It is contended that according to the gang chart, one case has been shown against the applicant and in the said case he has been granted bail by court concerned, copy of bail order is annexed as Annexure-3 to the affidavit. It is further submitted that the applicant is neither 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 31.08.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

¶8

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶9

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.

¶10

Let the applicant, Jatan Saini involved in aforesaid case be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

¶11

the applicant shall not temper with the prosecution evidence;

¶12

the applicant shall not pressurize the prosecution witness;

¶13

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

¶14

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court

¶15

Order Date :- 12.1.2023 P.S.Parihar

¶16

Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad

Jatan Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jatan Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shokeen Vs State of U.P.

Rahul Vs State of U.P.

Manmohan @ Lalu Vs State of U.P.

Sandeep Vs State of U.P.

Santosh Kumar Tiwari Vs State of U.P.

Vinod Kumar Mishra Alias Shalu Vs State of U.P.