Allowed

Mohd Hussain v. State of U.P.

Allahabad HC12 Jun 2020BAIL/14256/2020

Case brief

AI extract

What is this about?

The Hon'ble High Court of Allahabad granted bail to Mohd Hussain, an accused under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant alleged false implication and police rivalry. Bail was granted subject to personal bond, sureties, and specific conditions including non-interference with witnesses and sincere cooperation.

What did the court decide?

Bail granted with personal bond and two sureties; conditions include non-interference with evidence, sincere cooperation, and no new crimes.

Mohd Hussain Vs State of U.P. — Service and Employment | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14256 of 2020

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Applicant :- Mohd Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.

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Heard Sri Alok Kumar Srivastava, counsel for the applicant and learned A.G.A through Video Conferencing.

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Order on Crl. Misc. Exemption Application

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The exemption application is allowed.

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Order on Crl. Misc. Bail Application

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The instant bail application has been filed on behalf of the applicant, Mohd Hussain , with a prayer to release him on bail in Case Crime No. 27 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Sakeet, District- Etah, during pendency of trial.

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According to the gang chart the applicant is said to has been involved in one criminal case wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 26.02.2020.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.6.2020 Rohit

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Digitally signed by JUSTICE SIDDHARTH Date: 2020.06.12 17:48:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Mohd Hussain v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd Hussain v. State of U.P.

Case brief

What is this about?

What did the court decide?

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