Allowed

Shiva v. State of U.P. Thru. Secy. Home Deptt.

Allahabad HC19 Jan 2024BAIL/672/2024

Case brief

AI extract

What is this about?

Hon'ble Justice Rajeev Singh allowed a bail application filed under the U.P. Gangster and Anti Social Activities (Prevention) Act. The court found conditions of Section 19(4) complied with and granted release on personal and surety bonds subject to standard statutory conditions.

What did the court decide?

The applicant is released on bail on furnishing personal bond and two reliable sureties, each of the like amount.

Shiva 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:5788

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 672 of 2024

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Applicant :- Shiva Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No. 326 of 2023 under Section 2(B) (ii)/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station - Mailani, District - Lakhimpur Kheri, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 07.09.2023. It is further submitted that description of three cases have been shown against the applicant in the gang chart and in the said cases applicant is on bail. He further submits that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the cases mentioned in the gang chart, applicant is on bail.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and bail orders of the applicant in the cases mentioned in the gang chart, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

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Let applicant - Shiva be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court

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concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) 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 IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 19.1.2024

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Arpan

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

Shiva v. State of U.P. Thru. Secy. Home Deptt.

Case brief

What is this about?

What did the court decide?

Shiva v. State of U.P. Thru. Secy. Home Deptt.

Case brief

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