Allowed

Asif v. State of U.P.

Allahabad HC19 Jan 2021BAIL/3621/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Asif, accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. The applicant sought bail during trial, arguing false implication and lack of gang membership. The court, referring to Data Ram, found it a fit case for bail subject to standard conditions.

What did the court decide?

Release on bail by executing a personal bond with two sureties under specified conditions such as not tampering with evidence or witnesses.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3621 of 2021

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Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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By means of this application, the applicant who is involved in Case Crime No. 365 of 2020, under section 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Bakhira, District Sant Kabir Nagar and is in jail since 22.7.2020, is seeking enlargement on bail during the trial.

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The learned counsel for applicant has submitted that the applicant has been falsely implicated under Section 3 (1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 only on the basis of two cases shown in the gang chart, which does not show that the applicant has formed any gang or was a member of any gang and in both two cases shown in the gang chart the accused applicant has been enlarged on bail, copies of his bail orders are annexed as Annexure No. 3 to the affidavit filed in support of this bail application. It is further argued that the applicant is in jail since 22.7.2020 and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Asif involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the

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court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 19.1.2021 Md Faisal

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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