Allowed

Ashish Kumar Srivastava @ Ashish Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC8 May 2024/4714/2024

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal bail application under the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, noting that he has served nearly half his sentence and poses no risk of fleeing.

What did the court decide?

The applicant is directed to be released on bail on personal bond with two sureties of Rs. 20,000 each.

Ashish Kumar Srivastava @ Ashish Srivastava Vs State of… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35414

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4714 of 2024

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Applicant :- Ashish Kumar Srivastava @ Ashish Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanket Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The applicant seeks bail in Case Crime No.652 of 2020 under section 2/3 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Gomti Nagar, District Lucknow.

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It is argued that eight cases have been shown in the Gang Chart and in all the cases, the applicant is on bail. Other than that, the applicant has also been implicated in 121 cases, which has been elaborated in para 15 of the bail application. The applicant is in jail since 14.09.2020. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.

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Considering the fact that the applicant is in custody since 14.09.2020 and has almost undergone half of the sentence prescribed, he is entitled for the bail. Thus, the bail application is allowed.

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Let the applicant Ashish Kumar Srivastava @ Ashish Srivastava be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties of Rs.20,000/- each with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 8.5.2024 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Srivastava @ Ashish Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Ashish Kumar Srivastava @ Ashish Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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