Ashwani v. State of U.P.
Case brief
What is this about?
This bail order granted the petitioner release on bail under the U.P. Gangster Act, noting he had been jailed for over three months in other cases and no bail cancellation applications were filed there.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each in the like amount subject to specified conditions.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24284 of 2018
Applicant :- Ashwani Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, five cases had been shown against accused applicant and he is on bail. The applicant has been falsely implicated in the present case. He is languishing in jail since 20.3.2018 (more than three months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail despite being implicated in U.P. Gangster Act cases and languishing in jail without filed bail cancellation applications.
Whether the applicant can furnish a bond and sureties to secure release on bail.
What appropriate bail conditions should be imposed to ensure fair trial and prevent tampering with evidence.
Parties & counsel
- applicant
Ashwani
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/24284/2018
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