Kamal v. State of U.P.
Case brief
What is this about?
HHC allowed bail in a Gangster Act bail application, noting the applicant's lack of criminal history and failure of the State to provide his criminal-record instructions. Bail granted on personal bond and sureties with standard conditions.
What did the court decide?
Release on bail with personal bond and two sureties, subject to standard conditions of trial attendance and non-interference.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14383 of 2022
Applicant :- Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Puri 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.159 of 2021 at Police Station Cantt District Varanasi under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 05.01.2022.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act), Varanasi on 21.01.2022.
Shri Vijay Puri, 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 Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA has not received any instructions regarding the criminal history
of the applicant.
Issues for consideration
1 issue framed by the court
Whether the applicant, alleged to be falsely implicated in a Gangster Act case, is entitled to bail pending trial.
Parties & counsel
- applicant
Kamal
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/14383/2022
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