Asim v. State of U.P.
Case brief
What is this about?
High Court Court No. 91 granted bail to applicant Asim accused under the U.P. Gangsters Act, relying on Article 21 and Dataram Singh, imposing strict conditions regarding evidence tampering and court cooperation pending trial.
What did the court decide?
Released on bail subject to personal bond, two sureties (effective later), and specific conditions to prevent intimidation and ensure trial cooperation.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35348 of 2020
Applicant :- Asim Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad 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 Asim with a prayer to release him on bail in Case Crime No. 178 of 2019, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Amroha Dehat, District- Amroha 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 languishing in jail.
Issues for consideration
2 issues framed by the court
Whether the applicant should be released on bail considering the charges under the Gangsters Act and previous bail grants.
Whether the conditions of bail can be framed to prevent tampering with evidence and future criminal activity.
Parties & counsel
- applicant
Asim
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/35348/2020
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