Allowed

Tushar Mishra v. State of U.P. Thru. Home Deptt. Govt. Lko

Allahabad HC23 Apr 2024/4400/2024

Case brief

AI extract

What is this about?

In Crl. Misc. Bail Application No. 4400 of 2024, the Allahabad High Court (Lucknow Bench) granted bail to the applicant accused of offenses under the U.P. Gangster and Anti Social Activities Act, 1986, based on a personal bond and two sureties along with specific conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions of attendance, no adjournments, and no departure from India without permission.

Tushar Mishra Vs State of U.P. Thru. Home Deptt. Govt. Lko — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31552

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4400 of 2024

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Applicant :- Tushar Mishra Opposite Party :- State Of U.P. Thru. Home Deptt. Govt. Lko Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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

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As per learned counsel for the applicant, the present applicant is in jail since 30.03.2024 in Case Crime No.40 of 2024, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Vikas Nagar, District - Lucknow.

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Learned counsel for the applicant has submitted that against the present applicant, only three cases have been indicated in the gang chart (Annexure No.2) in which the applicant has been granted bail by the learned court below. The bail orders have been enclosed collectively as Annexure No.3 to the bail application. Learned counsel for the applicant has further submitted that the present applicant has not misused the liberty of bail so granted to him and detention of the present applicant under Gangster Act is unwarranted. He has further submitted that the applicant has been falsely implicated in the case as he has not committed any offence as alleged. Further, the applicant undertakes that he shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings.

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Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant.

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Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that three cases have been shown against the present applicant in the gang-chart in which he has been granted bail by the learned court below and undertaking of the applicant that he shall cooperate in the trial proceedings and

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shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

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Accordingly, the bail application is allowed .

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Let applicant- Tushar Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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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 not leave India without previous permission of the court.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 23.4.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Tushar Mishra v. State of U.P. Thru. Home Deptt. Govt. Lko

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Tushar Mishra v. State of U.P. Thru. Home Deptt. Govt. Lko

Case brief

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