Neksu v. State of U.P.
Case brief
What is this about?
Court allowed bail application filed by Neksu under Section 2/3 of UP Gangsters Act. Granting bail prima facie upon submission that applicant is falsely implicated and in jail since late May 2020.
What did the court decide?
Prayer for bail granted; applicant released on personal bond and two local sureties subject to conditions regarding court appearance and conduct.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45466 of 2020
Applicant :- Neksu Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 203 of 2020 under Section 2/3 of Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Etah with the prayer to enlarge the applicant on bail.
The learned counsel for applicant has submitted that the applicant has been falsely implicated under Section 2/3 of Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986 only on the basis of three cases shown in the gang chart, which does not show that the applicant has formed any gang or was a member of any gang and in all the three cases shown in the gang chart the accused applicant has been enlarged on bail, his bail orders are annexed at page No. 17 of this bail application and a copy of his one bail order has been given by the learned counsel for applicant during hearing, which is taken on record. It is further argued that the applicant is in jail since 20.05.2020 and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether bail is maintainable in an application filed under Section 2/3 of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986 given the periods shown in the gang chart and the
Parties & counsel
- applicant
Neksu
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/45466/2020
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