Allowed

Jabbar and Another v. State of U.P. Thru. Secy. Home Deptt.

Allahabad HC23 Jan 2024/817/2024

Case brief

AI extract

What is this about?

Honorably Karunesh Singh Pawar, J. heard the bail application for applicants previously released in a related gang chart case. Finding no apprehension of flight and no objection to factual submissions by the prosecution, the court granted bail imposing standard conditions including undertaking under the Gangster Act.

What did the court decide?

Applicants released on personal bond and two sureties each subject to specific conditions including undertaking under Section 19(4) of the U.P. Gangster Act.

Jabbar and Another Vs State of U.P. Thru. Secy. Home Deptt. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6629

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Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 817 of 2024

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Applicant :- Jabbar And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Counsel for Applicant :- Dinesh Kr. Sharma,Arshad Hafeez Khan

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the accused-applicants as well as learned A.G.A. for the State and perused the record.

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Learned counsel for accused-applicants while pressing the bail application submits that the accused-applicants have been falsely implicated in the instant case as well as in sole case mentioned in the gang chart against both the applicants. In that case, they have been released on bail. The bail orders are on record as Annexure No. 3 collectively to the bail application. Apart from the case mentioned in the gang chart, there is no other case pending against the accused applicants.

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It has been further submitted that applicants are in jail since 01.05.2023 and if facility of bail is granted, there is no apprehension that they will flee from the judicial process and they will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicants.

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Considering the fact that in the sole case mentioned in the gang chart, the applicants have been released on bail as well as considering the fact that they are languishing in jail since 01.05.2023 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail.

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Accordingly, the bail application is allowed.

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Let the applicants, Jabbar and Ibran involved in Case Crime/FIR No. 125/2023, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Subeha, District - Barabanki, be released on bail on their furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/ intimidate the prosecution witness.

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(iii) The applicants 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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(iv) The applicants shall file an undertaking to the effect that they 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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(v) The applicants shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that they will not indulge in any case for or misuse the liberty of bail.

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(vi) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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Order Date :- 23.1.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Jabbar and Another v. State of U.P. Thru. Secy. Home Deptt.

Case brief

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Jabbar and Another v. State of U.P. Thru. Secy. Home Deptt.

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