Javed v. State of U.P.
Case brief
What is this about?
Court granted bail to Javed, an applicant charged under the U.P. Gangsters and Anti Social Activities Act, imposing strict conditions regarding court attendance, prohibition of adjournments, and consequences for absence or misuse of liberty.
What did the court decide?
Applicant enlarged on bail by executing a personal bond and two sureties, subject to conditions of personal attendance and no misuse of liberty.
What the court decided
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9237 of 2019
Applicant :- Javed Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant and Sri Sanjay Singh, 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 three cases have been shown against the applicant in the Gang Chart and in the said cases and other cases the applicant has been granted bail which has been properly explained in paragraph 6 to 11, of the affidavit filed in support of bail application. It is further contended 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 17.5.2018, 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.
Keeping in view the submissions advanced and the provisions for Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, evidence, complicity of the accused, reformative theory of punishment , and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Issues for consideration
2 issues framed by the court
Whether bail can be granted to an accused charged under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether strict conditions to prevent absence and misuse of bail can be imposed under Section 19 of the U.P. Gangsters Act.
Parties & counsel
- applicant
Javed
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9237/2019
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