Court allowed bail to the applicant in a case under the Uttar Pradesh Gangster and Anti-Social Activities Prevention Act, 1986, finding the detention unwarranted given past bail history of the applicant and a co-accused.
Release on bail on personal bond and two sureties with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:43724
Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6792 of 2024 Applicant :- Mohd. Khurseed Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Jaibind Singh Rathour,Abhitendra Singh,Nritika Singh,Pragati Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
been granted bail; criminal history of one other case of the applicant has been explained in para-8 of the bail application by enclosing the bail order; co-accused Mo. Shoyeb Akhtar, having similar role, has been enlarged on bail by this Court and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.
(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.
(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.
(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.
(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.
(v) The applicant shall not leave India without previous permission of the court.
[Rajesh Singh Chauhan,J.]
Order Date :- 21.6.2024 /RBS/-
Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant should be released on bail in the pending gang analysis case.
Mohd. Khurseed
State Of U.P. Thru. Addl. Chief Secy. Home Lko.
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
