Allowed

Nooruddin v. State of U.P.

Allahabad HC11 Apr 2022BAIL/14885/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed for an applicant accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The Court, citing the precedent of Dataram Singh, held that the applicant had made out a case for bail during the pendency of the trial.

What did the court decide?

Applicant released on bail subject to personal bond and two sureties (later contingent on normal court functioning), verified before release.

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

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14885 of 2022

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Applicant :- Nooruddin Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Prasad Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.22 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Devraniya, District Bareilly, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by this Court vide order dated 09.03.2022 passed in Crl. Misc. Bail Application No.4559 of 2022. A copy of the bail order is annexed as Annexure-3 to the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 06.12.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Nooruddin be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 11.4.2022

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Meenu

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Digitally signed by MEENU SINGH Date: 2022.04.11 16:02:21 IST Reason: Location: High Court of Judicature at Allahabad

Nooruddin v. State of U.P.

Case brief

What is this about?

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Nooruddin v. State of U.P.

Case brief

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