Raju v. State of U.P.
Case brief
What is this about?
In a bail application under the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986, the single judge granted bail to the applicant, concluding that he was falsely implicated and posed no threat to the process.
What did the court decide?
Bail allowed; applicant released on personal bond and two reliable sureties fulfilling standard bail conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30765 of 2019
Applicant :- Raju Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Shri Irshad Ahmad, learned counsel for the accusedapplicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Raju, who is involved in Case Crime No. 214 of 2018, under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Baniyather, District Sambhal.
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 one case has been shown in gang chart against the accused-applicant in which he has been granted bail. Applicant is in jail since 27.08.2018. 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.
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.
Issues for consideration
1 issue framed by the court
Whether the accused-applicant is entitled to bail considering allegations of false implication and lack of flight risk.
Parties & counsel
- applicant
Raju
- respondent
State Of U.P.
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/30765/2019
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