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Kamal v. State of U.P.

Allahabad HC15 May 2023BAIL/9189/2023

Case brief

AI extract

What is this about?

Kamal bail granted Allahabad High Court 15.5.2023; CRIMINAL MISC. BAIL APPLICATION No. 9189 of 2023; Neutral Citation 2023:AHC:105495; Judge Vivek Kumar Singh; U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Section 2/3; Case Crime No. 02 of 2021; Police Station Eko-Tech-3rd; District Gautam Buddh Nagar; gang chart single case; in custody since 30.07.2022; personal bond and two sureties; counsel Kapil Tyagi; G.A. for State.

What did the court decide?

Bail granted to applicant Kamal in Case Crime No. 02 of 2021 (Section 2/3, U.P. Gangster and Anti Social Activities (Prevention) Act, 1986) on furnishing a personal bond and two sureties each in the like amount, subject to the conditions enumerated in the order; surety identity/status/residential proof to be verified by the court concerned, with liberty to cancel bail on breach.

Kamal Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Kamal, an accused in Case Crime No. 02 of 2021 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, should be released on bail.

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Court's answer

Upon hearing both sides and considering the facts and circumstances, and without commenting on the merits of the case, the Court found it to be a fit case for bail.

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Ratio / Principle

Bail was granted to the applicant on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions including non-tampering with prosecution evidence, attendance in court on every date without delaying trial, abstention from unlawful activities, and non-misuse of the liberty of bail.

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Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.; Neutral Citation 2023:AHC:105495) allowed Criminal Misc. Bail Application No. 9189 of 2023 filed by Kamal, accused in Case Crime No. 02 of 2021 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Eko-Tech-3rd, District Gautam Buddh Nagar. The Court noted the applicant had been in jail since 30.07.2022 and that the gang chart showed only one case against him, in which he had already been granted bail (bail order annexed as Annexure No. 3); the State did not dispute these facts. Without commenting on merits, the Court found it a fit case for bail and directed release on a personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence or harming the victim/complainant, delay of trial, unlawful activities and misuse of bail liberty, with liberty to the court concerned to cancel bail on breach.

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Neutral Citation No. - 2023:AHC:105495

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9189 of 2023

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Applicant :- Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi 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 30.07.2022. 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 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 fact.

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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 the applicant Kamal , involved in Case Crime No.02 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Eko-Tech-3rd, District Gautam Buddh 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

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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 :- 15.5.2023 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Kamal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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