Allowed

Bhanu Pratap @ Rajesh v. State of U.P.

Allahabad HC13 Feb 2023BAIL/5975/2023

Case brief

AI extract

What is this about?

This application granted bail to the applicant under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The court allowed the prayer after arguments regarding false implication were unsatisfactorily refuted by the prosecution, imposing personal bond and sureties.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court below.

Bhanu Pratap @ Rajesh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5975 of 2023 Applicant :- Bhanu Pratap @ Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 323 of 2022 at Police Station- Shamshabad, District- Agra under Sections 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant is in jail since 31.12.2022.

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The bail application of the applicant was rejected by the learned trial court on 21.01.2023.

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The following arguments made by Shri Mahesh Chand Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in this case only to burnish the credentials of the police authorities.

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(2). The applicant has been enlarged on bail

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in the two criminal cases depicted in the gang chart. He is not a member of any criminal gang.

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(3). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said criminal cases do not depict commission of any heinous crime and do not have any bearing on the instant bail application. The applicant has never misused the liberty of bail granted in the said cases.

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(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Let the applicant- Bhanu Pratap @ Rajesh be released on bail in the aforesaid case crime

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number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 13.2.2023 Pravin

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

Bhanu Pratap @ Rajesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhanu Pratap @ Rajesh v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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