Arif v. State of U.P.
Case brief
What is this about?
The High Court Court No. 88 allowed a bail application filed by Arif in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, finding that a case for bail was made out.
What did the court decide?
Bail allowed on furnishing a personal bond and two sureties with conditions to not tamper with evidence, threaten witnesses, or indulge in criminal activities.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41580 of 2021
Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Supplementary affidavit has been filed by learned counsel for the applicant and the same is taken on record.
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. 370 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Hathras Junction, District Hathras, 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 accused applicant on the basis of four criminal cases 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. Criminal history of the applicant has been explained in para no. 4 of the supplementary affidavit and he is in jail since 19.08.2021, if the applicant is released on bail, he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether bail to the applicant under Section 439 Cr.P.C. is appropriate in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Parties & counsel
- applicant
Arif
- respondent
State of U.P.
Coram
Anil Kumar Ojha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/41580/2021
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