Court granted bail to applicants charged under U.P. Gangster Act despite AGA's opposition, imposing standard conditions without expressing opinion on merits; application allowed.
Release on bail with personal bond and two sureties each.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7533 of 2022
Applicant :- Rizwan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Anil Kumar Pandey, learned counsel for the applicants and Smt. Ranjana Srivastava, learned A.G.A. for the State and also perused the material available on record.
By means of the present bail application, the applicants seek bail in Case Crime No. 90 of 2022, under Section 3(1) of U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, Police Station Katka, District Ambedkar Nagar, during the pendency of trial.
It is argued by the learned counsel for the applicants that the prosecution under the Gangsters Act has been launched against the applicants on the basis of one criminal case each shown in the gang chart in which they have already been enlarged on bail by the court concerned. Apart from the case mentioned in the gang chart, the applicants have been implicated in one more case each. The applicants have been falsely implicated in the present case due to police rivalry. They are not the members of any gang. The applicants are languishing in jail since 29.5.2022 and in case, they are enlarged on bail, they 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 applicants - Rizwan and Zafrey Alam, who are involved in aforesaid crime be released on bail on their 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.7.2022 Siddhant
Digitally signed by SIDDHANT SAHU Date: 2022.07.12 10:20:58 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Rizwan And Another
Krishan Pahal
As recorded by the court registry
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