Allowed

Amit Shakya and Another v. State of U.P.

Allahabad HC13 Mar 2023BAIL/7110/2023

Case brief

AI extract

What is this about?

The High Court granted bail to Amit Shakya and Dauwa in a criminal case under the U.P. Gangsters and Anti Social Activities Act, subject to strict conditions regarding court attendance and forfeiture consequences.

What did the court decide?

Applicants enlarged on bail by executing a personal bond and furnishing two heavy sureties, subject to specific undertakings regarding court attendance and procedure.

Amit Shakya and Another 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. - 7110 of 2023

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Applicant :- Amit Shakya And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Hasnain Raza,Virendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicants and Sri Mithlesh Kumar, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicants that only one case has been shown against the applicant in the Gang Chart which has been annexed at page-1 of the bail application and in the said case, the applicant has been granted bail by the competent Court. Apart from the cases which has shown in the gang chart the four other cases are there against the applicants which have been detailed in paragraph no.4 of the supplementary affidavit dated 13.3.2023 out of which two cases were disposed of after deposit of fine and in one case is on bail and one case under Section 3/5 of Arms Act prayer for bail is pending, however the case does not comes under the purview of Gangster Act. The applicant no.1 is in jail since 7.1.2023 and applicant no.2 is in jail since 6.1.2023.

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Learned A.G.A. opposed the prayer for bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicants- Amit Shakya and Dauwa involved in Case Crime No.01 of 2023, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Chibramau, District Kannauj be enlarged on bail on their executing a personal bond and furnishing two heavy sureties (one should be of family member) , each in the like amount to the satisfaction of the court concerned subject to the following condition:-

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(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229A of the Indian Penal Code.

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(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 13.3.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Amit Shakya and Another v. State of U.P.

Case brief

What is this about?

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Amit Shakya and Another v. State of U.P.

Case brief

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