Imamuddin v. State of U.P.
Case brief
What is this about?
A single judge allowed the bail application filed by Imamuddin in a composite gang case under the U.P. Gangster and Anti-Social Activities Act, granting bail subject to conditions.
What did the court decide?
Released on bail on furnishing a personal bond and two sureties subject to specified conditions.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37828 of 2021
Applicant :- Imamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 982 of 2020 under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at P.S.- Kotwali Dehat, District- Bulandshahr.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. In the gang-chart, two cases have been shown against the applicant wherein he has been granted bail. Applicant is neither a member of any gang nor has he committed the alleged offence shown in the gang-chart. Criminal history of the applicant has been explained in para 3 of the Supplementary-Affidavit. Further submitted that the applicant is languishing in jail since 20.02.2020.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether the bail application under Section 439 Cr.P.C. deserves to be allowed.
Whether any special reasons exist to deny bail in a case under the U.P. Gangster Act.
Parties & counsel
- applicant
Imamuddin
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/37828/2021
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