Criminal Misc. Bail Application filed by Arshad Ali under Gangster Act challenging his detention. Court observed that applicant is already on bail in other cases and upheld the grant of bail on personal bond with sureties subject to standard conditions.
Applicant released on bail on executing personal bond and furnishing two sureties with specified conditions.
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Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4608 of 2019
Applicant :- Arshad Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Rizwan Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in this case. It is further contended by learned counsel for the applicant that the applicant is said to have been challaned in this case under Gangsters Act on the basis of pendency of three criminal cases and in all the cases, as mentioned in the gang-chart, he is on bail. Learned counsel for the applicant next submitted that, in case, the applicant is released on bail, he will not misuse the same. He further contended that the applicant is in jail since 27.02.2018.
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Arshad Ali , involved in Case Crime No.77 of 2018, under Section 3(1) Gangster Act, Police Station Didoli, District Amroha, be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1.The applicant shall not tamper with the prosecution evidences.
3.The applicant shall appear on the date fixed by the trial court.
of which he is suspected.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.
Order Date :- 1.2.2019 Vibha Singh
2 issues framed by the court
Whether the applicant entitled to release on bail under Gangster Act given he is already on bail in other cases.
Whether applicant would misuse bail if released under Section 3(1) Gangster Act.
1 provisions across 1 enactments
Arshad Ali
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
