Naresh v. State of U.P.
Case brief
What is this about?
The High Court of Allahabad granted bail to Naresh, an applicant accused under the U.P. Gangsters & Anti Social Activities Act and IPC offenses. Relying on the rule that bail is the norm, the court found him fit for release on furnishing a personal bond and two sureties, subject to specific future appearance conditions.
What did the court decide?
Released on bail in case crime no. 217 of 2021 on furnishing a personal bond and two reliable sureties of the like amount.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29189 of 2021
Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Satyvrat Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Satyvrat Tripathi, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
The present bail application has been filed on behalf of applicant, Naresh with a prayer to release him on bail in Case Crime No. 217 of 2021, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police StationKhair, District- Aligarh, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. In the gang chart one case bearing case crime no.168 of 2021, under Section 60(1)/70 Excise Act and Section 259, 260, 272, 273, 420, 467, 468, 471, IPC has been shown against the applicant and in the aforesaid case applicant has been granted bail by this Court vide order dated 6.8.2021 in Criminal Misc. Bail Application No.25787 of 2021. Copy of the bail order has been produced by learned counsel for the applicant and is taken on record. It has also been submitted that the applicant is neither a gang leader nor run any gang or involved in any anti-social activities. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 2.4.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant languishing in custody in a criminal case under the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.
Parties & counsel
- applicant
Naresh
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/29189/2021
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