Akram v. State of U.P.
Case brief
What is this about?
Court in criminal miscellaneous bail application directed release of applicant Akram on bail in Gangster Act case, imposing personal bond and sureties subject to specific conditions regarding court functioning and verification of orders.
What did the court decide?
Release on bail through personal bond and two sureties.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3442 of 2020
Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Haseeb Alam Ansari,Mazhar Ullah Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, 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, Akram , with a prayer to release him on bail in Case Crime No. 270 of 2019, under Section- 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police StationBhot, District- Rampur, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster 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. Counsel for the applicant has also tried to justify the alleged previous offences which are said to have been committed by the applicant. 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. 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 languishing in jail since 26.11.2019.
Issues for consideration
3 issues framed by the court
Whether the applicant should be released on bail in an appeal under the Gangster and Anti Social Activities Act.
What conditions must be imposed upon the release of an accused facing charges under the Gangster Act during the pendency of trial.
How the high court's restoration of court functioning impacts the release conditions for short-term bail.
Parties & counsel
- applicant
Akram
- respondent
State of U.P.
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/3442/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court