Sarik v. State of U.P.
Case brief
What is this about?
High Court allowed bail application filed under U.P. Gangsters Act, 1986 on ground that applicant is not a previous convict and heavy dockets delay trial. Applicant granted personal bond and sureties.
What did the court decide?
Applicant released on bail furnishing personal bond and two sureties on specific conditions.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3904 of 2021
Applicant :- Sarik Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 01 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali Nagar, District-Banda during the pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the court concerned and the copies of the same have been annexed as Annexure No. 3 to the application. It is pointed out that apart from the three cases shown in the gang chart the applicant has a criminal history of two cases also in which the applicant has been granted bail and the copies of the bail orders have been annexed as Annexure No. S.A.-1 to the supplementary affidavit. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 13.10.2019 and in case he is enlarged on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant in the present case.
What conditions should be imposed on the applicant while released on bail.
Parties & counsel
- applicant
Sarik
- respondent
State of U.P.
Coram
Sanjay Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3904/2021
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