Anis v. State of U.P.
Case brief
What is this about?
Single-judge criminal bench allowed bail to the applicant Anis, an accused in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, noting absence of prior criminal history and appointment of bail in gang chart cases.
What did the court decide?
Release on bail by furnishing a personal bond and two sureties on fulfillment of specific conditions including not tampering with evidence or intimidating witnesses.
What the court decided
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41762 of 2018
Applicant :- Anis Opposite Party :- State Of U.P. Counsel for Applicant :- Ashvni Mishra 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, four 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 11.9.2018 (more than one and half 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 is entitled to be released on bail in a case involving the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Whether the applicant has made out a case for bail after mandatorily producing the charge sheet.
Parties & counsel
- applicant
Anis
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/41762/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court