Pawan Saini v. State of U.P.
Case brief
What is this about?
Court allowed bail to Pawan Saini in a case under the U.P. Gangster Act, finding that a case for bail was made out despite opposition from the State.
What did the court decide?
Released on bail with a personal bond and two sureties, subject to conditions against tampering with evidence and committing further crimes.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38816 of 2021
Applicant :- Pawan Saini Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Pandey 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 Cr.P.C.) has been moved for seeking bail in Case Crime No. 727 of 2017, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Majhola, District Moradabad, during pendency of the trial before the court below.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated; the Gangster Act has been imposed against the applicant on the basis of nine criminal cases of similar nature which have been shown in the gang chart, in which he has been released on bail. The applicant is neither gang leader nor he is an active member of any gang. He has not committed the alleged offence mentioned in the gang chart. Further submitted that co accused Ravi has been granted bail by this Court on 21.06.2018, in Criminal Misc. Bail Application No. 22727 of 2018. Applicant has no other criminal history and he is in jail since 18.03.2017, if the applicant is released on bail, he will not misuse the liberty of bail.
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
1 issue framed by the court
Whether bail should be granted to the applicant in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Parties & counsel
- applicant
Pawan Saini
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/38816/2021
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