Anupam v. State of U.P.
Case brief
What is this about?
, Criminal Misc. Bail Application. Court found a fit case for enlarging the applicant on bail under the U.P. Gangster Act, considering lack of evidence for violence or public disorder and his prior acquittal.
What did the court decide?
Release on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
What the court decided
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11359 of 2018
Applicant :- Anupam Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard Sri Ajay Vikram Yadav, learned counsel for the applicant, learned A.G.A. Perused the record.
This bail application has been moved by the applicant Anupam who is involved in Case Crime No. 138 of 2015, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police StationNagla Khangar, District-Firozabad.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There is single case against the applicant at Case Crime No. 62 of 2015 under Sections 376D, 342, 504, 506 IPC, Section 3 (2) (5) SC/ST Act and Section 3/4 POCSO Act, shown in the gang chart, in which applicant has been acquitted by the lower court. Copy of acquittal order has been annexed at Annexure No. SA-1 of the supplementary affidavit. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. Applicant is in jail since 24.3.2015.
Issues for consideration
3 issues framed by the court
Whether the applicant is a fit case for bail under the U.P. Gangster Act given the lack of evidence regarding violence or public order disturbance.
Whether the applicant, who was acquitted in a separate case, qualifies for bail on personal bond and sureties.
Whether the allegations against the applicant are vague and bald, justifying release on bail.
Parties & counsel
- applicant
Anupam
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/11359/2018
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