Mukesh v. State of U.P.
Case brief
What is this about?
Application for bail under the UP Gangsters and Anti Social Activities Act was considered. The court granted bail subject to conditions preventing intimidation, ensuring trial cooperation, and forbidding further crimes.
What did the court decide?
Releasing the applicant on bail on furnishing a personal bond and two sureties of the like amount.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25291 of 2019
Applicant :- Mukesh Opposite Party :- State Of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava,Mahesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Mr. Dhirendra Kumar Srivastava, learned counsel for the applicant, Mr. Nitin Agarwal, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that according to gang chart, four cases have been registered against the applicant, in which the applicant has been enlarged on bail. It has also been submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material or any other advantage for himself or any other person by gangster and anti social activities acts. It is next submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicant. Learned counsel for the applicant argued that the provisions of the Act has been used against the applicant like a weapon to harass and intimidate the innocent applicant. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant is in jail since 19.04.2018 and he is not a previous convict. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to an accused involved in gangster and anti-social activities under the UP Gangsters and Anti Social Activities Act.
Whether conditions are sufficient to secure the accused from tampering with witnesses or committing further crimes.
Parties & counsel
- applicant
Mukesh
Coram
Krishna Pratap Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/25291/2019
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