The High Court granted bail to the applicant in a crime case under the U.P. Gangsters Act, releasing him on furnishing a personal bond and two sureties subject to specific conditions regarding court functioning and conduct.
Release on bail upon furnishing personal bond and two sureties subject to conditions regarding court functioning and conduct.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27205 of 2020
Applicant :- Shamshad @ Musad Opposite Party :- State of U.P. Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Bail Application
The instant bail application has been filed on behalf of the applicant, Shamshad @ Musad, with a prayer to release him on bail in Case Crime No. 075, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Baraur, District- Kanpur Dehat, during pendency of trial.
According to the gang chart the applicant is said to have been involved in one criminal case 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 07.7.2020.
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 :-
5.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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.9.2020 Ruchi Agrahari
1 issue framed by the court
Whether theapplicantshouldbereleasedonbailintheundermentionedcriminalcase.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
Shamshad @ Musad
State of U.P.
Sidharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
