Aamir v. State of U.P.
Case brief
What is this about?
Single judge court granted bail to the applicant in a Gangster Act case, relying on the larger mandate of Article 21 and a Supreme Court precedent, imposing strict conditions for release during the pendency of trial.
What did the court decide?
Release on bail on furnishing a personal bond and two sureties with specific conditions.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32939 of 2020
Applicant :- Aamir Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh 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 Aamir with a prayer to release him on bail in Case Crime No. 253 of 2020, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Didauli, District- Amroha during pendency of trial.
The main submissions advanced on behalf of accused is that in one case which has 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 29.07.2020.
Issues for consideration
3 issues framed by the court
Whether the applicant should be released on bail in a case under the U.P. Gangsters Act.
Whether bail conditions should be fixed considering the applicant's prior bail status.
Whether the court can rely on the larger mandate of Article 21 without expressing an opinion on the merits.
Parties & counsel
- applicant
Aamir
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/32939/2020
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