Himmat v. State of U.P.
Case brief
What is this about?
In a bail application under the U.P. Gangsters Act, the High Court held the applicant entitled to bail and released him on bond and sureties with conditions for monthly reporting and non-incitement.
What did the court decide?
Released on bail on personal bond and two heavy sureties with conditions for monthly reporting and non-interference with witnesses.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30348 of 2021
Applicant :- Himmat Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is facing prosecution in Case Crime No.180 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Tappal, District-Aligarh, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in three other criminal cases mentioned in the gang chart, copy whereof has been annexed as Annexure-1 accompanying this bail application. Learned A.G.A. submitted that there are four cases to the credit of the applicant and in all the cases, the applicant has been granted bail on different occasions. Copies of the bail orders are annexed as Annexure SA-1 and annexure-2 to the application respectively. The applicant is in jail since 09.05.2021, hence the applicant is entitled to be enlarged on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
What conditions to be imposed on the grant of bail.
Parties & counsel
- applicant
Himmat
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/30348/2021
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