Lavi v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application wherein the applicant, charged under the U.P. Gangsters Act, sought bail claiming false implication and parity with co-accused. The High Court granted bail conditioned by a personal bond and sureties.
What did the court decide?
The applicant, Lavi, involved in Case Crime No. 154 of 2018, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, is enlarged on bail.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9001 of 2019
Applicant :- Lavi Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is next contended that four cases have been shown against the applicant in the FIR/Gang Chart and in the said case/cases, the applicant has been granted bail which has been properly explained in paragraph 9 to 15 of the affidavit filed in support of bail application. It is next contended that co-accused persons namely Akash @ Motu, Vineet and Banti have been granted bail by different Bench of this Court vide orders dated 13.2.2019,15.2.2019 and 18.2.2019 passed in Crl. Misc. Bail Application No. 6257, 6646 and 6828 of 2019 respectively, (copies of the said order has been produced by the learned counsel for the applicant which is taken on record) and the case of the applicant stands on identical footing, hence, applicant is also entitled to bail on the ground of parity. Further submission is that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 6.11.2018, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the applicant has committed such an offence and made out a prima facie case showing complicity.
Whether the applicant is liable to be condemned to death.
Parties & counsel
- applicant
Lavi
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9001/2019
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