Allowed

Imamuddin Ali v. State of U.P.

Allahabad HC8 Jul 2022BAIL/10669/2022

Case brief

AI extract

What is this about?

The High Court of Allahabad released the applicant on bail in a case under the U.P. Gangster and Anti Social Activities Act, 1986, resting the decision on the larger mandate of Article 21 and the principles laid down in Dataram Singh. Bail was granted subject to specific conditions including no tampering with witnesses and no further criminal activities.

What did the court decide?

Release on bail with personal bond and two sureties, subject to conditions regarding evidence, trial conduct, and effective date of bail relative to short-term bail from the Apex Court/Supreme Court c

Imamuddin Ali Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10669 of 2022

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Applicant :- Imamuddin Ali Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Imamuddin Ali, with a prayer to release him on bail in Case Crime No. 34 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Dibai, District- Bulandshahar, during pendency of trial.

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According to the gang chart the applicant is said to has been involved in nine criminal cases wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 21.1.2022.The applicant criminal history of 23 cases which has been explained in paragraphs 3 and 4 of the supplementary afÏdavit.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file certified copy/ computer generated copy of such order downloaded from the ofÏcial website of High Court Allahabad.

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The concerned Court/Authority/OfÏcial shall verify the authenticity of such computerized copy of the order from the ofÏcial website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 8.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.09 14:55:33 IST Reason: Location: High Court of Judicature at Allahabad

Imamuddin Ali v. State of U.P.

Case brief

What is this about?

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Imamuddin Ali v. State of U.P.

Case brief

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