Bhoora Alias Manoj v. State of U.P.
Case brief
What is this about?
Held that the applicant qualifies for bail in proceedings under the U.P. Gangster and Anti-social Activities Act, subject to stringent conditions regarding court appearance and non-interference, rather than being denied relief due to lack of merit.
What did the court decide?
Release on bail via personal bond and two local sureties, subject to strict conditions regarding attendance, abandonment of adjournment requests, and penalties for absence.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24589 of 2019
Applicant :- Bhoora Alias Manoj Opposite Party :- State Of U.P. Counsel for Applicant :- Devendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 176 of 2019, under Section 2/3 of U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, Police Station Tappal, District Aligarh.
Learned counsel for the applicant submits that the applicant has been enlarged on bail in two cases by the court below vide its orders dated 11.4.2018 and 10.8.2018. Copy of the bail order has been filed as Annexure nos. 3 and 4 to the bail application. It is further submitted that the co-accused have been granted bail by this Court vide order dated 12.6.2019 passed in Criminal Misc. Bail Application No. 24071 of 2019. Copy of the said order has been produced before this Court. It is next submitted that the applicant has been falsely implicated in the instant case. It is also submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 21.5.2019.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in proceedings under the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986.
Whether the applicant warrants stringent bail conditions due to risks of flight, witness tampering, or misconduct.
Parties & counsel
- applicant
Bhoora Alias Manoj
- respondent
State Of U.P.
Coram
Pankaj Bhatia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/24589/2019
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