Makbool v. State of U.P.
Case brief
What is this about?
Single-judge criminal bail order allowing the applicant to be released on personal bond and two local sureties. The imposition of several strict conditions for trial cooperation and presence is specified.
What did the court decide?
Release of applicant on personal bond and two local sureties subject to strict conditions.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22492 of 2020
Applicant :- Makbool Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is submitted 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 further submitted that one case has been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail, copy of the bail order has been annexed as Annexure- 1 to the supplementary affidavit filed in support of bail application. It is next submitted 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 31.5.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Makbool , involved in Case Crime No. 99 of 2020, under Section- 3/2 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Janakpuri, District- Saharanpur be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
Issues for consideration
2 issues framed by the court
Whether the applicant be released on bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Whether the conditions of bail such as furnishing a personal bond and local sureties are appropriate in the present case.
Parties & counsel
- applicant
Makbool
Coram
Neeraj Tiwari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/22492/2020
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