Aamir v. State of U.P.
Case brief
What is this about?
This bail application was allowed. The High Court singles judge held that the applicant is not a previous convict and has made out a fit case for bail despite allegations of gang membership.
What did the court decide?
Bail allowed with condition of personal bond, two sureties, and strict attendance conditions.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2454 of 2021
Applicant :- Aamir Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
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. 0191 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police StationKalyanpur, District-Fatehpur 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. 2 to the application. It is pointed out that apart from the one case shown in the gang chart the applicant has a criminal history of one case also in which the applicant has been granted bail and the copy of the bail order has been annexed as Annexure No. S.A.-2 to the supplementary affidavit. 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 18.11.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant has made out a fit case for释放 on bail under the Ganga Prevention Act.
Parties & counsel
- applicant
Aamir
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/2454/2021
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