Vijay Kumar Chaudhary vs State Of U.P.
2011 Latest Caselaw 6536 ALL

Citation : 2011 Latest Caselaw 6536 ALL
Judgement Date : 16 December, 2011

Allahabad High Court

Vijay Kumar Chaudhary vs State Of U.P. on 16 December, 2011

Bench: S.C. Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17061 of 2011
 

 
Petitioner :- Vijay Kumar Chaudhary
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Uttar Kumar Goswami
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble S.C. Agarwal,J.

Parcha filed by Sri B.B.P. Srivastava on behalf of the applicant is taken on record.

Heard Sri Murlidhar, senior advocate assisted by Sri B.B.P. Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submitted that this is the only case against the applicant on the basis of which the applicant has been detained under the provisions of Gangsters Act. He has been falsely implicated in this case. There is no reliable evidence against him and nothing incriminating was recovered from his possession.

Since the applicant has already been granted bail under Sections 302, 201, 394, 412, 120-B IPC vide order dated 16.12.2011 passed in criminal misc. bail application no.4457 of 2011, he is entitled to bail under Gangsters Act also.

In view of the above and without expressing any opinion on the merits of the case, let applicant Vijay Kumar Chaudhary involved in case crime no.117 of 2011 under Section 2/3 (1) U.P. Gangsters & Anti-social Activities (Prevention) Act, 1986, pertaining to Police Station Tarya Sujan, District Kushi Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned and also subject to the following conditions :

(a) The applicant shall attend the court according to the conditions of the bond executed by him ; and

(b) 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.

Order Date :- 16.12.2011