Allowed

Sultan v. State of U.P.

Allahabad HC25 Jan 2018BAIL/1649/2018

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Sultan, accused in cases under U.P. Gangsters Act and IPC sections, seeking release on bail. Court, after considering factors like violence, intimidation, and punishment severity, allowed bail with sureties.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two reliable sureties in like amount to the court's satisfaction.

Sultan Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1649 of 2018

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Applicant :- Sultan Opposite Party :- State Of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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

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This bail application has been moved by the accused-applicant Sultan, who is involved in Case Crime No. 628/2017, under Section 3(1) of U.P. Gangsters Act and Anti-Social Activities (Prevention) Act 1986, Police Station - Asmauli, District - Bheem Nagar (Sambhal).

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It is contended by learned counsel for the applicant that applicant was arrested on 20.10.2017 at about 11:00 P.M. in Case Crime No. 562/2017 under Sections 398, 401, 307 I.P.C., P.S. Asmauli, District Sambhal (Moradabad). The applicant with other five co-accused fired on police party but no police person has sustained any injury. The applicant has made accused only on the basis of his confessional statement before police. There are four cases shown against the applicant in all of which he is on bail. The bail orders are separately filed at Annexure Nos. 2, 3, 4 and 5 of this affidavit. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 19.11.2017.

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Per contra, learned A.G.A. has opposed the prayer for bail.

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There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.

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After perusal of record and considering the complicity of accused, severity of punishment and totality of facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.

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Let the applicant Sultan be released on bail in aforesaid case crime on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Accordingly, the instant bail application is allowed.

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Order Date :- 25.1.2018 Sharad/-

Sultan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sultan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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