The Single Judge allowed a bail application under the U.P. Gangsters Act. The court held that the applicant, having no criminal history and being falsely implicated, was entitled to bail, imposing standard conditions including surrender appearance and non-interference.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14351 of 2022
Applicant :- Shiva Malik Opposite Party :- State of U.P. Counsel for Applicant :- Rafeek Ahmad Khan 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.63 of 2021 at Police Station Daurala District Meerut under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 09.09.2020.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act), Meerut on 30.06.2021.
Shri Rafeek Ahmad Khan, 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 two criminal cases depicted in the gang chart. He is not member of any criminal gang. Learned counsel for the applicant contends that apart from the above said cases, the applicant does not have any criminal history.
Shri Rajesh Mishra, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not dispute the fact that the applicant does not have any
criminal history apart from the above said cases.
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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Shiva Malik 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.4.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.04.11 10:44:35 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a case under the U.P. Gangsters and Anti Social Activities Act given his lack of criminal history.
What conditions should be imposed for the release on bail in the interest of justice.
Shiva Malik
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
