Rohit v. State of U.P.
Case brief
What is this about?
In a bail application under the U.P. Gangsters Act, the High Court granted bail to the applicant, relying on Article 21 and precept of Dataram Singh, without expressing an opinion on the merits of the impugned case.
What did the court decide?
Released on bail with personal bond and two sureties subject to specified conditions regarding conduct, evidence tampering, and coordination with other bail orders.
What the court decided
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26150 of 2020
Applicant :- Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant bail application has been filed on behalf of the applicant, Rohit, with a prayer to release him on bail in Case Crime No. 150 of 2020 under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Nanota, District- Saharanpur during pendency of trial.
According to the gang chart, the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by the court concerned. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 24.04.2020.
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 :-
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case under the U.P. Gangsters and Anti-Social Activities Act.
Parties & counsel
- applicant
Rohit
- respondent
State of U.P.
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/26150/2020
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