Allowed

Kallu @ Manish v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC7 Nov 2024/11556/2024

Case brief

AI extract

What is this about?

Single Judge, Allahabad High Court granted bail to the applicant in a case under the U.P. Gangsters Act. The bench held that no risk of flight or witness tampering was established, allowing release on personal bond with sureties.

What did the court decide?

Released on bail with personal bond and two reliable sureties on each fixing amounts. Specific conditions imposed regarding court attendance and non-influencing of witnesses.

Kallu @ Manish Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:73547

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Court No. - 8

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11556 of 2024

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Applicant :- Kallu @ Manish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Bhanu Pratap Mishra Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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This application has been moved seeking bail in Case Crime No.43 of 2024 under Section 2(b)(i)/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Musafirkhana, District Amethi.

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The submission of the learned counsel for the applicant is that as per the gang chart, a copy of which has been brought on record as Annexure No.2, the applicant is shown to be involved in four cases. It is further submitted that out of four cases, as mentioned in the gang-chart, the applicant has been enlarged on bail in three cases and the copies of the bail orders have been brought on record as Annexures No.3 cumulatively.

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It is urged that other co-accused persons namely Jalaluddin, Sanjay @ Sanjay Singh Yadav and Sanjay Yadav Pradhan have already been enlarged on bail by this Court and the copies of their bail orders have also been brught on record as Annexure No.4.

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It is further submitted that the applicant is in jail since 18.09.2024 and there is no credible evidence on record which could shown that the applicant is guilty or committed the crime in question and no prima-facie offence under Section 2(b)(1) and 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act is made out against the applicant.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the

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period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Kallu @ Manish involved in the aforesaid case crime number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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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(v) The applicant shall neither influence any witness nor tamper with any evidence after his release.

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Order Date :- 7.11.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Kallu @ Manish v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Kallu @ Manish v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Kallu @ Manish vs State of U.P. Thru. Prin. Secy. Home Lko.