Allowed

Aman @ Talib v. State of U.P.

Allahabad HC12 Mar 2018BAIL/4291/2018

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant, Aman @ Talib, involved in a case under the U.P. Gangster & Anti Social Activities (Prevention) Act. The court accepted the contentions that allegations were vague and found the applicant entitled to bail on personal bond and sureties.

What did the court decide?

Bail granted on personal bond and two reliable sureties each in like amount to court's satisfaction.

Aman @ Talib Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4291 of 2018

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Applicant :- Aman @ Talib Opposite Party :- State Of U.P. Counsel for Applicant :- Sufia Saba, Sayeed Saif Ullah Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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This bail application has been moved by the applicant Aman @ Talib who is involved in Case Crime No. 2595 of 2017, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station-Kotwali Nagar, District-Muzaffar Nagar.

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Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There are two cases against the applicant at Case Crime No. 2220 of 2017 and 2221 of 2017 shown in the gang chart, on which he is on bail. Copy of bail orders have been annexed at Annexure No. 3 and 4 of the affidavit appended to the bail application. The applicant was not named in Case Crime No. 2220 of 2017. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 30.09.2017.

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Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is criminal history of two cases against the applicant at Case Crime No. 2220 of 2017 and 2221 of 2017.

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There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Aman @ Talib be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.

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Accordingly, the instant bail application is allowed.

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Order Date :- 12.3.2018 Jaswant

Aman @ Talib v. State of U.P.

Case brief

What is this about?

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Aman @ Talib v. State of U.P.

Case brief

What is this about?

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