Allowed

Hasruddin v. State of U.P.

Allahabad HC16 Jul 2021BAIL/19422/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Hasruddin, in a criminal case under the U.P. Gangster and Prevention of Anti-Social Activities Act. The High Court, without expressing an opinion on the merits, cites the reformative theory and Article 21 to grant release on personal bond and sureties.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties subject to specific conditions.

Hasruddin Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19422 of 2021

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Applicant :- Hasruddin Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that only one case been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in para 5 to the affidavit filed in support of bail application. It is further submitted that applicant was falsely implicated in one another case and has been granted bail by the competent court, the said fact has been mentioned in para 6 to the affidavit filed in support of bail application. The applicant is in jail since 10.03.2021.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Hasruddin , be released on bail in Case Crime No. 71 of 2021, under Sections- 3(1) of U.P. Gangster & Prevention of Anti Social Activities Act, 1986, Police Station- Rajabpur, District- Amroha, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to

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prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 16.7.2021 Arti

Hasruddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hasruddin v. State of U.P.

Case brief

What is this about?

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