Allowed

Ashutosh Kumar Sharma v. State of U.P.

Allahabad HC24 Jan 2023BAIL/59703/2022

Case brief

AI extract

What is this about?

The Hon'ble Single Judge granted bail to the applicant Ashutosh Kumar Sharma under Section 439 Cr.P.C. in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant was alleged in various gang chart cases but not found to be a gang member. Bail was granted subject to conditions regarding witnesses and court appearances.

What did the court decide?

Bail granted on personal bond and two sureties with conditions not to tamper with evidence, pressure witnesses, and appear in court.

Ashutosh Kumar Sharma 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. - 59703 of 2022

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Applicant :- Ashutosh Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Singh 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.171 of 2022, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Pandri, District Mirzapur, during pendency of the trial.

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It is contended by learned Counsel for the applicant that according to the gang chart five cases have been shown against the applicant and in the said cases he has been granted bail. It is next 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 10.12.2022 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, Ashutosh Kumar Sharma 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 :- 24.1.2023 S.S.

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

Ashutosh Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashutosh Kumar Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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