Allowed

Rakib v. State of U.P.

Allahabad HC12 Apr 2022BAIL/11406/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Rakib, who was in jail since December 2020 for an offense under the U.P. Gangsters Act. The court found merit in the applicant's claim of false implication and lack of flight risk, granting bail subject to specific conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties, subject to four conditions regarding evidence, witnesses, and appearance.

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

¶1

Court No. - 68

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11406 of 2022

¶3

Applicant :- Rakib Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil,Sr. Advocate Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 120 of 2021 at Police StationKandhla District Shamli under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 26.12.2020.

¶6

The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge(Gangsters Act), Shamli at Kairana on 18.01.2022.

¶7

Shri Awais Khan, learned counsel holding brief of Ms. Nasira Adil, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the said cases are false ones and do not relate to heinous crimes and have no bearing on the instant case. The applicant is not a flight risk.

¶8

Shri I.P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

¶9

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

¶10

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶11

Let the applicant- Rakib be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶12

(i) The applicant will not tamper with the evidence during the trial.

¶13

(ii) The applicant will not influence any witness.

¶14

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶16

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 12.4.2022

¶18

Dhananjai

¶19

Digitally signed by DHANANJAI Date: 2022.04.13 10:16:45 IST Reason: Location: High Court of Judicature at Allahabad

Rakib v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rakib v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sheel Kumar Gupta Vs State of U.P.

Deepak Vs State of U.P.

Kuldeep Vs State of U.P.

Rashid Vs State of U.P.

Ravindra Vs State of U.P.

Pradeep @ Bittu Vs State of U.P.