Allowed

Danish v. State of U.P.

Allahabad HC8 Apr 2022BAIL/14566/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 14566 of 2022, the Allahabad High Court allowed bail for the applicant Danish under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, subject to conditions, dismissing arguments for stricter scrutiny.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties subject to conditions including not tampering with evidence or influencing witnesses.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14566 of 2022

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Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.161 of 2021 at Police Station-Railway Road, District-Meerut under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant is in jail since 11.03.2022.

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The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/learned Additional Sessions Judge, Court No.17, Meerut on 15.03.2022.

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Shri Aditya Prasad Mishra, 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 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 contended by the learned counsel for

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applicant that the applicant 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.

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Shri Indra Prakash Srivastava, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that the applicant was earlier nominated in one case under the Excise Act.

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Rejoining the issue, Shri Aditya Prasad Mishra, learned counsel for the applicant contends that the applicant has become a convenient scapegoat for the police authorities who repeatedly nominated him in false case only to burnish their professional credentials. The said case does not relate to any heinous crime and the same has no bearing on the instant case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Danish be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(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.

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(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.

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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 :- 8.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.11 09:38:29 IST Reason: Location: High Court of Judicature at Allahabad

Danish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Danish v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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