Criminal Misc. Bail Application wherein court allowed bail to Sultan. Applicant claimed false implication. Opposite party admitted no criminal history besides gang cases. Grant of bail subject to strict conduct conditions.
Released on bail on furnishing personal bond and two sureties each in like amount subject to conditions.
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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31680 of 2018 Applicant :- Sultan @ Teepu Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Chaurasia 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 19.7.2018 (more than one month) 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 Sultan @ Teepu involved in Case Crime No. 117 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P. Ballia, District - Ballia 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 :- 21.8.2018
A. Singh
2 issues framed by the court
Whether the applicant entitled to bail despite involvement in gang-related offences under U.P. Gangster Act.
Whether the applicant can furnish personal bond and sureties to secure release.
1 provisions across 1 enactments
Sultan @ Teepu
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
