Single judge ordered the release of an applicant on bail in a criminal miscellaneous application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, after hearing counsels.
Released on bail on executing a personal bond and furnishing two sureties each of the like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47517 of 2020
Applicant :- Vicky Mistri Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
The applicant is seeking bail in connection with Case Crime No.- 166 of 2019, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police StationKandhla, District- Shamli.
It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case and that too quite routinely and casually sans any intrinsic material evidence. There are three cases shown against the applicant in the gang chart, however, in respect of three cases he has been granted bail by the court below, copy of bail orders have been collectively annexed as Annexure 3 to the bail application. It is next submitted that except for the cases shown in the gangchart applicant is named in one more case in which also he has been granted bail, the said fact is mentioned in paragraph no.6 to the affidavit filed in support of the bail application. It is further pleaded that the applicant is languishing in jail since 23.4.2019.
Learned Additional Government Advocate has, however, opposed the bail application.
In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be released on bail.
Let the applicant Vicky Mistri involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance,
failing which, court below will be at liberty to cancel the bail.
It is also directed that identity, status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
The concerned Court/Authority/Official is further directed to 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.
Order Date :- 22.1.2021 Deepika
1 issue framed by the court
Whether the applicant is entitled to bail in connection with an offence under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Vicky Mistri
State of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
