Allowed

Jagat Ram Yadav v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko

Allahabad HC30 May 2024BAIL/5906/2024

Case brief

AI extract

What is this about?

Bail application allowed under the U.P. Gangster and Anti Social Activities (Prevention) Act. Court noted discrepancies in the FIR and prior bail grants, releasing the applicant with a personal bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties, without tampering or pressurizing witnesses and by appearing on dates fixed.

Jagat Ram Yadav vs State of U.P. Thru. Prin. Secy. Addl… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48589

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5906 of 2024

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Applicant :- Jagat Ram Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Kunwar Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Kunwar Bahadur Singh, learned counsel for the applicant and Shri Rakesh Kumar Singh, learned AGA for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.310 of 2023, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 registered at Police Station- Sirsiya, District- Shrawasti.

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The aforesaid case has been registered on the basis of F.I.R. lodged by the Station House Officer, P.S.- Sirsiya, DistrictShrawasti on 10.11.2023 against three persons including the applicant, stating that while the informant was engaged in checking of suspicious persons and vehicles on the date of lodging of the FIR, he came to know that the accused persons had formed the gang and were involved in commission of offences. Their acts had spread an environment of terror amongst public, due to which no person comes forward to give evidence against them.

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Although the informant had stated that he came to know about the accused persons having formed a gang on the date of lodging of the FIR, the gang chart annexed with the FIR was prepared by the Station House Officer himself on 23.10.2023 whereas the FIR has been lodged on 10.11.2023, which apparently falsify the aforesaid narration made in the FIR.

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The gang chart shows involvement of the three accused, in all of which the applicant has been granted bail.

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In para-15 of the affidavit filed in support of the application the involvement of the applicant in five other cases has been disclosed and he has been granted bail in all the cases.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and that applicant is languishing in jail since 18.2.2023, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Jagat Ram Yadav be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi,J.]

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Order Date :- 18.7.2024

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Jagat Ram Yadav v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

Jagat Ram Yadav v. State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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