Kale v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Kale charged under the UP Gangster Prevention Act, allowing release on personal bond with two sureties and specific undertakings regarding court attendance and surety furnishing within one month due to lockdown constraints.
What did the court decide?
Bail granted on personal bond and two sureties; directions to furnish actual sureties within one month.
What the court decided
Court No. - 2
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8200 of 2021
Applicant :- Kale Opposite Party :- State of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 278 of 2020, under Section 3(1) of Uttar Pradesh Gangster & Anti Social (Prevention) Activities Act, 1986, Police Station Pakbada, District Moradabad, during pendency of trial.
According to the gang chart the applicant is said to have been involved in three criminal cases, in two cases he has already been enlarged on bail by the court concerned and in the third case, i.e., Case Crime No. 384 of 2018 under Section 3/5/8 Prevention of Cow Slaughter Act, he has not been named in the charge-sheet. The applicant has falsely been implicated in the present case. The applicant is not a member of any gang. The applicant is languishing in jail since 06.05.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether the applicant Kale be enlarged on bail in the pending trial under the UP Gangster Prevention Act.
Whether special conditions and COVID-19 related directions can be imposed while granting bail.
Parties & counsel
- applicant
Kale
Coram
Suneet Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/8200/2021
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