Allowed

Iqbal @ Pahalwan v. State of U.P.

Allahabad HC12 Jan 2022BAIL/14042/2021

Case brief

AI extract

What is this about?

This single-judge court allowed a bail application filed under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The court found that a case for bail was made out based on available materials, considering the co-accused were already on bail.

What did the court decide?

Release of the applicant on personal bond and two sureties subject to conditions against tampering, criminal activity, and intimidation.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14042 of 2021

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Applicant :- Iqbal @ Pahalwan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Iqbal @ Pahalwan, in Case Crime No. 152 of 2020, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Hazarat Nagar Gardhi, DistrictMoradabad.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.11.2020; in Gang chart two cases have been shown and in both cases the applicant is on bail; previous criminal antecedents have been shown including two cases of Goonda Act and four of Arms Act, which are not with in the purview of U.P. Gangster and Anti Social Activities (Prevention) Act; co-accused, namely Laxman and Nekpal, under similar circumstances, in similar case crime number, alleged to be member of same gang have been enlarged on bail in Criminal Misc. Bail Application Nos. 8757 of 2021 and 28810 of 2021, respectively; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; hence, bail has been prayed for.

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Learned AGA has vehemently opposed.

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Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Iqbal @ Pahalwan , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 12.1.2022 Deepak/

Iqbal @ Pahalwan v. State of U.P.

Case brief

What is this about?

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Iqbal @ Pahalwan v. State of U.P.

Case brief

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