Allowed

Kajal Kinnar v. State of U.P Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC6 Mar 2024/2597/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a case under the U.P. Gangster Act. The court found that the conditions of Section 19(4) were complied with and the applicant was not yet guilty, ordering release on a personal bond with two sureties.

What did the court decide?

The applicant to be released on bail by furnishing a personal bond and two sureties subject to standard bail conditions and provisions under the Act.

Kajal Kinnar Vs State of U.P Thru. Addil. Chief… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20264

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2597 of 2024

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Applicant :- Kajal Kinnar Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Rama Pati Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.371 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Sidhauli, District- Sitapur, with the prayer to enlarge him on bail.

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The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case and in jail since 18.09.2022. It is further submitted on behalf of applicant that two cases have been shown in the gang chart and in the said cases applicant is on bail. It is further submitted that apart from the cases mentioned in the gang chart, applicant was also implicated in one another case, in which, he has been granted bail. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in three cases lodged against the applicant, he is on bail.

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Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, this Court finds that condition of Section 19 (4) of the Act are properly complied with and at this stage, he is not guilty of such offence, therefore, applicant is entitled to be released on bail.

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Let the applicant- Kajal Kinnar , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 6.3.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Kajal Kinnar v. State of U.P Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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Kajal Kinnar v. State of U.P Thru. Addil. Chief Secy. Deptt. Home Civil Secrt. Lko.

Case brief

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