Sadiq v. State of U.P.
Case brief
What is this about?
Single judge bail application dismissed in the U.P. Gangsters Act. Court allowed bail with personal bond and sureties, citing constitutional principles and previous precedents despite allegations of gang membership.
What did the court decide?
Release on bail with personal bond and two sureties each in like amount subject to verification.
What the court decided
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2092 of 2021
Applicant :- Sadiq Opposite Party :- State of U.P. Counsel for Applicant :- Naiyar Masroof Siddiqui,Maqsood Ahmad Beg,Rajrshi Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Third Supplementary affidavit filed today is taken on record.
Heard Sri Maqsood Ahmad Beg, learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 245 of 2020, under Section 2/3 (1) of the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 registered at Police Station- Kareli, District- Allahabad.
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 two criminal cases in which he has already been enlarged on bail and the copies of the same have been annexed as annexure No. 03 to the application. Apart from the cases mentioned in the gang chart, 25 more cases are registered against the applicant, which have been explained in paragraph no. 3 to the supplementary affidavit out of which in 12 cases, he has been acquittal, in 5 cases, he has been enlarged on bail, in three cases not related to the applicant and in the rest cases, he has been released on bail bonds. The orders of acquitted as well as bail orders has been appended as annexured no. 2 to the third supplementary affidavit filed today. It is next contended that the co-accused Naushad having criminal history of 27 cases has already been enlarged on bail by the co-ordinate Bench of this Court vide order 13.9.2021 passed in Criminal Misc. Bail Application No. 21699 of 2021. Learned counsel for the applicant further submitted that the applicant 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 languishing in jail since 20.7.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case registered under the Gangsters and Anti-Social Activities (Prevention) Act despite serious accusations.
Whether the applicant warrants bail given his criminal history, the nature of the offence, and lack of lien on the trial.
Parties & counsel
- applicant
Sadiq
Coram
Rajiv Joshi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/2092/2021
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