Ajay v. State of U.P.
Case brief
What is this about?
Special Judge rejected bail under UP Gangster Act. This court found merit in claims of false implication and lack of gang membership, granting bail with conditions against evidence tampering and witness interference.
What did the court decide?
Applicant released on bail by furnishing personal bond and two sureties; conditions imposed against tampering with evidence or influencing witnesses.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14475 of 2022
Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Dixit 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.55 of 2022 at Police Station-Katra, DistrictShahjahanpur under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant is in jail since 10.12.2021.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/learned Additional Sessions Judge, Court No.05, Shahjahanpur on 16.03.2022.
Shri Kuldeep Kumar Dixit, 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 three criminal cases 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 further contends that the same has no bearing on the instant case.
Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a criminal case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Whether the applicant's criminal history bears upon the instant case proceedings.
Parties & counsel
- applicant
Ajay
Coram
Ajay Bhanot
Ashish Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/14475/2022
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