Allowed

Rahul Kaushal v. State of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko

Allahabad HC17 Oct 2024BAIL/10685/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Rahul Kaushal in a Gangster Act case, imposing standard conditions. The court exercised its limited jurisdiction to decide the bail prayer without expressing an opinion on the merits of the criminal charges.

What did the court decide?

Release on bail with personal bond and two sureties upon conditions.

Rahul Kaushal vs State of U.P. Thru. Secy. Deptt. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70085

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10685 of 2024 Applicant :- Rahul Kaushal

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Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant, Shri Sanjay Kumar, learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.271 of 2023, under Section 2/3 (1) U.P. Gangsters (Prevention of Anti social Activities) Act, 1986, Police Station Jagdishpur, District Amethi.

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It is contended by learned counsel for the applicant that the applicant has been implicated in Gangster Act on the basis of three cases. He further submitted that in the said three cases, the applicant is on bail, which has been explained in para nos.3, 6 and 7 to the affidavit filed in support of this application and the bail orders are annexed as Annexures 3, 4 and 5. Learned counsel has explained the criminal history in the supplementary affidavit dated 30.09.2024. Learned counsel submitted that co-accused Kaleem @ Boomdali @ Boondali has been granted bail by this court in Criminal Misc. Bail Application no. 14798 of 2023 vide order dated 15.12.2023. The applicant is in jail since 15.06.2023.

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid submission of learned counsel for the applicant.

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Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and looking to the argument that applicant has been granted bail in all the three cases, argument that other co-accused namely Kaleem @ Boomdali @ Boondali has been granted bail, it is a fit case for grant of bail.

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Let the applicant, Rahul @ Kaushal be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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

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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 229A 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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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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Order Date :- 17.10.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Rahul Kaushal v. State of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko

Case brief

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Rahul Kaushal v. State of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

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