In Criminal Misc. Bail Application No. 7263 of 2022, the Allahabad High Court allowed bail to the applicant in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, subject to conditions.
Bail allowed on furnishing personal bond and two sureties with conditions to cooperate and avoid criminal activity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7263 of 2022
Applicant :- Danish Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Srivastava,Anurudh Kumar Singh,Vishnu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Abhishek Srivastava, learned counsel for the applicant, Sri Dr. Surendra Singh, learned A.G.A. for the State and perused the material placed on record.
By means of the present bail application, the applicant seeks bail in Case Crime No.474 of 2022, under Section 2(b)(i)/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali Sadar, District- Lakhimpur Kheri, during the pendency of trial.
It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of four criminal cases shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal cases have been mentioned in paragraph 6 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 14.11.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand, learned AGA opposed the prayer for bail.
Without expressing any opinion on the merits, the bail application is allowed. Let the applicant- Danish Ali, involved in aforementioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.7.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.07.07 18:12:21 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Danish Ali
Krishan Pahal
As recorded by the court registry
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