Kasif v. State of U.P.
Case brief
What is this about?
Court released the applicant on bail in a Gangsters Act case subject to furnishing a personal bond and two sureties. The court emphasized the severity of punishment and applicant's complicity while granting bail without commenting on merits.
What did the court decide?
Released on bail in Case Crime No. 1148 of 2019 via personal bond and two sureties.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9859 of 2020
Applicant :- Kasif Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri G.P. Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that there are two cases shown in the gang chart against the applicant in Case Crime No. 945 of 2019, under Sections 457,380 and 411 I.P.C. and Case Crime No. 961 of 2019, under Sections 380, 411 I.P.C., copy of which is annexed as Annexure-2 to this affidavit; that the applicant is on bail, the bail orders dated 14.11.2019 and 31.01.2020, copy of which are annexed as Annexure-3 and 4 to this affidavit; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 11.10.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant Kasif is entitled to bail in Case Crime No. 1148 of 2019 under the U.P. Gangsters Act given his complicity and the severity of punishment.
Whether the applicant satisfies the conditions required for release on bail subject to a personal bond and sureties.
Parties & counsel
- applicant
Kasif
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9859/2020
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