Allowed

Ishhak v. State of U.P. Thru. Prin.Secy. Home

Allahabad HC2 Feb 2024/26/2024

Case brief

AI extract

What is this about?

Bail application under the U.P. Gangsters Act for an applicant shown in a gang chart against three cases in which he is already on bail. Bail granted on ground of parity with co-accused Jaibulla @ Jakiulla, twin conditions under Section 19(4) deemed satisfied.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to conditions on witness tampering, cooperation, and attendance at trial stages.

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

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Neutral Citation No. - 2024:AHC-LKO:10168

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26 of 2024

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Applicant :- Ishhak Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Amit Bhardwaj,Sudhaker Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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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 F.I.R. No. 848 of 2023 under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali City, District Hardoi with the prayer to enlarge him on bail.

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Submission of learned counsel for the applicant is that the applicant is innocent person and has been falsely implicated in the case and is in jail since 05.12.2023. It is further submitted on behalf of applicant that it is undisputed that three cases have been shown in the gang chart and in the said cases, the applicant is on bail. The case of the applicant is similar to co-accused Jaibulla @ Jakiulla, who has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 1135 of 2024. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. It is also submitted that in case of being enlarged on bail, he will not misuse the liberty of bail.

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Photocopy of the bail order of co-accused Jaibulla @ Jakiulla provided by the learned counsel for the applicant is taken on record.

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Learned A.G.A. opposes the prayer for grant of bail to

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the applicant, but fairly concedes that similarly situated coaccused Jaibulla @ Jakiulla has already been granted bail.

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Considering the submissions of learned counsel for parties, ground of parity with the co-accused and going through the record as also in view of the statement made by the learned counsel appearing on behalf of the applicant that the applicant will not involve in any activity, which is against the law, the twin conditions contained under Section 19 (4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act stand satisfied.

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In view of above, I am of the view that the applicant is entitled to be released on bail.

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Let applicant, namely, Ishhak be released on bail in F.I.R. No. 848 of 2023, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

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(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

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(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

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Any violation of above conditions will be treated misuse of bail and the court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 2.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ishhak v. State of U.P. Thru. Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

Ishhak v. State of U.P. Thru. Prin.Secy. Home

Case brief

What is this about?

What did the court decide?

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