Arun v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Arun in a case under the UP Gangster Act, 1986. He was ordered to furnish a personal bond and provide two sureties each. Conditions were imposed to prevent tampering with evidence and future criminal activities.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties each in the like amount.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26617 of 2019
Applicant :- Arun Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Brij Lal Shukla, learned counsel for the applicant as well as Sri Sushil Kumar, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. It has been further submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material for himself or any other person by Gangster and Anti Social Activities acts. It is also submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicant. It was next submitted that the provisions of the Act has been used against the applicant like a weapon to harass and intimidate the innocent applicant. There is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.02.2019. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social
Issues for consideration
1 issue framed by the court
Whether the applicant Arun, facing charges under the Gangster Act, is entitled to bail upon furnishing a personal bond and sureties.
Parties & counsel
- applicant
Arun
Coram
Krishna Pratap Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/26617/2019
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