Court allowed bail application of Gulam Ashraf accused under UP Gangster Act, releasing him on personal bond and two sureties subject to standard conditions despite nature of offence.
Applicant released on bail furnishing personal bond and two sureties each in like amount with standard conditions of bail.
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Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31675 of 2018
Applicant :- Gulam Ashraf Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Chandra Dwivedi 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 16.6.2018 (more than four months); three cases of criminal history have been explained 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 oFpinion 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 Gulam Ashraf involved in Case Crime No. 322 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bakhira, District - Sant Kabir Nagar 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 :- 29.10.2018 OP
1 issue framed by the court
Whether the applicant is entitled to bail in proceedings under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Gulam Ashraf
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
