Suraj v. State of U.P.
Case brief
What is this about?
High Court allowed bail in a criminal case under U.P. Gangsters Act. Court noted lack of instructions sent by police to State counsel and lack of criminal history, finding merit in applicant's counsel's submissions.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions against tampering with evidence and influencing witnesses.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12868 of 2022
Applicant :- Suraj Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 52 of 2022 at Police Station Mahuli District Sant Kabir Nagar under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 23.02.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (Gangster Act), Sant Kabir Nagar, on 07.03.2022.
Shri Amit Kumar Singh, 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 contends that the applicant does not have any criminal history apart from the above said case. Lastly it is submitted by learned counsel for applicants that the applicants shall not abscond, and will cooperate in the criminal law proceedings. The applicant shall not tamper with the
evidence nor influence the witnesses in any manner.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act.
Whether there is insufficient instruction from police officials affecting the bail hearing.
Whether the applicant has a criminal history.
Parties & counsel
- applicant
Suraj
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/12868/2022
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