Mallu v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant Mallu in a case under the U.P. Gangsters Act. The court relied on the dicta of the Supreme Court in Dataram Singh and imposed specific conditions regarding cooperation and surety submission.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties subject to specified conditions regarding court functioning.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35555 of 2020
Applicant :- Mallu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Firoz Khan 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 Mallu with a prayer to release him on bail in Case Crime No. 145 of 2020, under Sections 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kareilly, District- Prayagraj 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 21.1.2020.
Issues for consideration
3 issues framed by the court
Whether the applicant should be released on bail pending trial under the Gangsters Act considering he has already been granted bail in related cases.
What conditions should be imposed on the applicant while he is released on bail to ensure compliance with law.
How to handle the requirement of sureties if courts are not yet in normal functioning.
Parties & counsel
- applicant
Mallu
Coram
Hon'ble Gautam Chowdhary, J.
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/35555/2020
Similar cases
Judgements on the same questions, provisions and authorities, from every court