Asif v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Asif, involved in a case under the U.P. Gangsters Act, 1986. The court imposed conditions including cooperation in trial and prohibition of tampering with witnesses.
What did the court decide?
Applicant released on bail upon furnishing a personal bond and two sureties with specified conditions regarding witness tampering and future conduct.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8517 of 2020
Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 223 of 2017, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Thakurdwara, district Moradabad during the pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in one criminal case in which he has already been enlarged on bail by the court concerned, copy of the said order has been brought on record as annexure No. 3 to the application. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 31.3.2017 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Issues for consideration
1 issue framed by the court
Whether the applicant should be released on bail in a case registered under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Parties & counsel
- applicant
Asif
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/8517/2020
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