Allowed

Prabhat @ Rohit v. State of U.P.

Allahabad HC16 Mar 2023BAIL/6357/2023

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Bail Application filed by Prabhat @ Rohit under the U.P. Gangster Act was considered. The Court, after perceiving the record and hearing submissions, found the applicant to be a fit case for bail subject to furnishing a personal bond and sureties.

What did the court decide?

Applicant released on bail with a personal bond and two sureties under Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act.

Prabhat @ Rohit Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6357 of 2023

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Applicant :- Prabhat @ Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The submission of the learned counsel for the applicant is that the accused applicant is in jail since 28.02.2021. In the gang chart only one case has been shown against the accused applicant and in that case, the accused applicant has already been released on bail and the bail order is annexed as Annexure No. 3 to the affidavit filed in support of the bail application. Further submission is that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

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Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.

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Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.

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Let applicant Prabhat @ Rohit be released on bail in Case Crime No. 569 of 2022, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Kalyanpur., District Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 16.3.2023 Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Prabhat @ Rohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prabhat @ Rohit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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