Aazad v. State of U.P.
Case brief
What is this about?
Allowed bail application filed by Aazad in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, imposing strict conditions including attendance and prohibition of seeking adjournments.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties in the like amount with specified conditions.
What the court decided
Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2312 of 2021
Applicant :- Aazad Opposite Party :- State of U.P. Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 558 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, police station Kotwali Mau, District Mau 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 and the copy of the same has been annexed 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 25.11.2019 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
3 issues framed by the court
Whether the applicant is entitled to bail in the under trial.
What conditions should be imposed on the applicant if he is released on bail.
Whether the applicant is a member of a gang and likely to misuse bail.
Parties & counsel
- applicant
Aazad
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2312/2021
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