Allowed¶19

Chandra Bhushan Alias Chandrapal Alias Chandu Yadav v. State of U.P.

Allahabad HC2 Apr 2025BAIL/9821/2025

Case brief

AI extract

What is this about?

Bail allowed; U.P. Gangster and Anti Social Activities (Prevention) Act 1986 section 2/3; Case Crime No. 772 of 2017; P.S. Kotwali Nagar, District Banda; Chandra Bhushan alias Chandrapal alias Chandu Yadav; State of U.P.; jailed since 03.03.2025; criminal history of two more cases; supplementary affidavit; personal bond with two sureties; bail conditions; trial court may cancel bail on breach; Dr. Gautam Chowdhary, J.; CRIMINAL MISC. BAIL APPLICATION No. 9821 of 2025; neutral citation 2025:AHC:80251.

What did the court decide?

Bail granted to the applicant in Case Crime No.772 of 2017 on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions, with liberty reserved to the trial Court to cancel bail on breach. ¶19

Chandra Bhushan Alias Chandrapal Alias Chandu Yadav vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the applicant, in jail since 03.03.2025 and involved in Case Crime No.772 of 2017 under section 2/3 of the U.P. Gangsters Act, should be released on bail.

¶10

Court's answer

Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, the Court directed that the applicant be released on bail in the aforementioned case crime on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

¶12

Ratio / Principle

The release was made subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) shall not threaten or harass the prosecution witnesses; (iii) shall appear on the date fixed by the trial court; (iv) shall not commit an offence similar to the offence of which he is accused or suspected of the commission; and (v) 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 such person from disclosing facts to the Court or police or tamper with the evidence.

¶12

Key takeaways

In case of breach of any of the above conditions, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 86), Dr. Gautam Chowdhary, J. — Order dated 15.5.2025 in Criminal Misc. Bail Application No. 9821 of 2025 (Neutral Citation 2025:AHC:80251). Applicant Chandra Bhushan alias Chandrapal alias Chandu Yadav, booked in Case Crime No. 772 of 2017 under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 (P.S. Kotwali Nagar, District Banda), in jail since 03.03.2025. Counsel argued he was roped into the Gangsters Act merely on the basis of one case in which he had already been released on bail, denied antisocial involvement and alleged false implication, and explained a criminal history of two more cases in supplementary affidavits; the learned AGA opposed the prayer but did not contradict these submissions. Court allowed bail without expressing any opinion on merits, on a personal bond with two sureties each in the like amount, subject to conditions against tampering with evidence, threatening or harassing witnesses, failure to appear, committing similar offences, and making inducements to dissuade disclosure; on breach, the trial Court may cancel the bail in accordance with law.

¶1

Neutral Citation No. - 2025:AHC:80251

¶2

Court No. - 86

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9821 of 2025

¶4

Applicant :- Chandra Bhushan Alias Chandrapal Alias Chandu Yadav

¶5

Opposite Party :- State of U.P. Counsel for Applicant :- Babu Lal Ram,Hari Shankar Counsel for Opposite Party :- G.A.

¶6

Hon'ble Dr. Gautam Chowdhary,J.

¶7

Supplementary affidavits filed today in the Court, are taken on record.

¶8

Heard learned counsel for the applicant, learned AGA and perused the record.

¶9

The accused-applicant is involved in Case Crime No.772 of 2017 under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Nagar, District Banda.

¶10

Learned counsel for the applicant has submitted that merely on the basis of one case, the applicant has been roped in the Gangsters Act, in which the applicant has already been released on bail. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated. The applicant is in jail since 03.03.2025. The applicant has criminal history of two more cases, which has been explained in the supplementary affidavit.

¶11

Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.

¶12

Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Chandra Bhushan Alias Chandrapal Alias Chandu Yadav released on bail in the aforementioned case crime on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

¶13

i) The applicant shall not tamper with the prosecution evidence.

¶14

ii) The applicant shall not threaten or harass the prosecution witnesses.

¶15

iii) The applicant shall appear on the date fixed by the trial court.

¶16

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

¶17

v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶18

In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

¶19

The bail application is allowed.

¶20

Order Date :- 15.5.2025

¶21

S.Ali

¶22

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Chandra Bhushan Alias Chandrapal Alias Chandu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandra Bhushan Alias Chandrapal Alias Chandu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shabbo Kinnar @ Sabir vs State of U.P.

Rajan Gurjar vs State of U.P.

Sangam vs State of U.P.

Ramautar vs State of U.P.

Munna vs State of U.P.

Amit Yadav Alias Gulshan vs State of U.P. and 3 Others