Sonu v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant in an application under the U.P. Gangsters Act. The court directed release on personal bond and two sureties if courts resume normal functioning, citing Article 21 and Dataram Singh SC.
What did the court decide?
Release of the applicant on bail with a personal bond and two sureties, conditional upon the normal functioning of courts, without expressing an opinion on the merits of the case.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29016 of 2020
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Sonu, with a prayer to release him on bail in Case Crime No. 281 of 2019, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kithor, District- Meerut, during pendency of trial.
The main submissions advanced on behalf of accused is that in the three cases which have been made the basis to impose the provisions of Gangsters Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 15.02.2019.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in proceedings under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
What conditions should be imposed on the release of the applicant on bail given the allegations of being a gangster.
Parties & counsel
- applicant
Sonu
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/29016/2020
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