Vikki v. State of U.P.
Case brief
What is this about?
In a bail application under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, the Court allowed the release of the applicant Vikki, who was incarcerated since 2017, allowing a personal bond and two sureties.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
What the court decided
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27713 of 2018
Applicant :- Vikki Opposite Party :- State Of U.P. Counsel for Applicant :- Saima Saher 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 20.9.2017 (more than ten 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.
Issues for consideration
2 issues framed by the court
Whether the applicant Vikki is entitled to bail in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act considering his prior gang chart implicating.
Whether the applicant has made out a prima facie case for bail release subject to sureties and conditions.
Parties & counsel
- applicant
Vikki
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/27713/2018
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