Criminal miscellaneous bail application allowed. Court held applicant made out case for bail under U.P. Gangster Act pending trial, granting release on personal bond and two sureties.
Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26222 of 2018
Applicant :- Lala Alias Azad Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Zakir 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, three 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 15.5.2018 (more than two 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.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicant except the gang chart and further he 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.
Let the applicant Lala Alias Azad involved in Case Crime No. 82 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Salempur, District - Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.7.2018
A. Singh
2 issues framed by the court
Whether the applicant has made out a case for bail under the U.P. Gangster and Anti Social Activities (Prevention) Act.
Whether the applicant can be released on bail pending trial in the present proceedings.
1 provisions across 1 enactments
Lala Alias Azad
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
