Allowed

Anees v. State of U.P.

Allahabad HC2 Apr 2019BAIL/12682/2019

Case brief

AI extract

What is this about?

The single-judge court allowed a criminal miscellaneous bail application filed by Anees under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The court ordered release on personal bond and two sureties, prescribing conditions against tampering with evidence or witnesses.

What did the court decide?

Applicant Anees to be released on bail by furnishing a personal bond and two reliable sureties, subject to specific conditions regarding cooperation and conduct.

Anees Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12682 of 2019

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Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Awes Iqbal Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Mukhtar Alam, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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Sri Vinod Kumar Gour, Additional District Magistrate (Executive), District Bijnor is present before this Court and filed affidavit of compliance which is taken on record.

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The presence of Sri Vinod Kumar Gour, Additional District Magistrate (Executive), District Bijnor is hereby dispensed with.

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Order Date :- 2.4.2019 Manoj

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12682 of 2019

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Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Awes Iqbal Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Mukhtar Alam, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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This bail application has been filed by the accused-applicant Anees, who is involved in Case Crime No. 35 of 2019, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kiratpur, District Bijnor.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment, therefore, false and fabricated prosecution story has been set up by the police. He further submitted that the case shown in gang chart against the accused-applicant, he has been released on bail. Applicant is in jail since 5.3.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let applicant Anees be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten

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the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 2.4.2019 Manoj

Anees v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anees v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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