Allowed

Tannu @ Yasir v. State of U.P.

Allahabad HC27 Jan 2023BAIL/913/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant in case Crime No. 390 of 2022. The court noted arguments regarding lack of gang association, no prior history, and non-flight risk, dismissing the State's counter regarding pending cases.

What did the court decide?

Applicant enlarged on bail by furnishing personal bond and two sureties with specific conditions against tampering and influencing witnesses.

Tannu @ Yasir 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. - 913 of 2023

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Applicant :- Tannu @ Yasir Opposite Party :- State of U.P. Counsel for Applicant :- Roopesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed by the applicant is taken in the record.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.390 of 2022 at Police Station-Kadar Chowk, District-Badaun under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 04.11.2022. The bail application of the applicant was rejected by the learned trial court on 22.12.2022.

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The following arguments made by Shri Roopesh Kumar Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:

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(1). The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart.

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(2). He is not a member of any criminal gang.

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(3). The applicant does not have any criminal history apart from the instant case.

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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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However, learned AGA points out that the applicant has two more criminal cases pending against them.

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Rejoining the issue and relying on the instructions received by the learned A.G.A., learned counsel for the applicant contends that the applicant is a financially destitute person and does not have an effective pairokar. Hence details of the said case could not be searched out and stated earlier in the bail application. However, on the basis of the records available with the AGA and instructions obtained from the applicant, it is contended that the applicant was falsely nominated in the other cases only to show the proficiency of the police investigators. The said criminal cases have no bearing on the instant case.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Tannu @ Yasir be released on bail

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in the aforesaid case crime 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 :- 27.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Tannu @ Yasir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tannu @ Yasir v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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