Allowed

Jabbar v. State of U.P.

Allahabad HC6 Dec 2021BAIL/32418/2021

Case brief

AI extract

What is this about?

The Court allowed the bail application of Jabbar charged under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities Act. Considering the applicant's denial of gang membership and prison overcrowding due to COVID-19, bail was granted on personal bond and sureties with conditions against tampering.

What did the court decide?

Bail allowed on furnishing personal bond and two sureties subject to conditions against tampering and influencing witnesses.

Jabbar Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32418 of 2021

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Applicant :- Jabbar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Ashok Kumar Singh Bais, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.

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A first information report was lodged as Case Crime No.138 of 2021 at Police Station-Kotwali Dehat, District-Saharanpur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

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The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/ADJ, Court No.6, Saharanpur on 06.07.2021.

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The applicant is in jail since 27.06.2021, pursuant to the said F.I.R.

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Shri Ashok Kumar Singh Bais, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in a solitary case depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has

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no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Jabbar involved in Case Crime No.138 of 2021 at Police Station-Kotwali Dehat, District-Saharanpur under Section 2/3 of the Uttar

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Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.12.2021 Ashish Tripathi

Jabbar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jabbar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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