Arshad v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application wherein the High Court enlarged the applicant on bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, subject to standard conditions regarding appearance and conduct.
What did the court decide?
Enlarged the applicant on bail on executing a personal bond and furnishing two sureties (Rs. Two Lacs each).
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2067 of 2019
Applicant :- Arshad Opposite Party :- State Of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that five cases have been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in para 6 to the affidavit filed in support of bail application. It is further submitted that criminal history of the applicant has properly been explained in para 6 to the affidavit filed in support of bail application. The applicant is in jail since 02.10.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act.
Parties & counsel
- applicant
Arshad
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2067/2019
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