Rajendra v. State of U.P.
Case brief
What is this about?
Single judge allowed bail in a trial case under the U.P. Gangster Act, finding that the applicant was falsely implicated as neither a leader nor a member of any gang.
What did the court decide?
Releasing the applicant on bail on furnishing a personal bond and two sureties each in the surety amount.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15423 of 2022
Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Nigam
Hon'ble Chandra Kumar Rai,J.
Heard Sri Birendra Singh, learned counsel for the applicant, Sri Pramod Kurmar Singh, Advocate holding brief of Sri Santosh Kumar Nigam as well as learned A.G.A. for the opposite party and perused the record.
The instant bail application has been filed on behalf of the applicant- Rajendra with a prayer to release him on bail in Case Crime No.36 of 2022, under Section- 2/3 U.P. Gangster and Prevention of Anti Social Activities Act, 1986, Police Station- Thariyaon, District- Fatehpur during pendency of trial.
Learned counsel for the applicant has submitted that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. It is submitted by learned counsel for the applicant that in the present case three cases have been shown in the gang chart against the applicant in which, applicant is on bail and the bail orders have already been annexed in the affidavit filed in support of the bail application. The applicant has criminal history of several cases, which has been properly explained in paragraph no.22 of the affidavit filed in support of the bail application. It is further submitted that his implication under the Gangster Act in the present FIR is false and the applicant is neither a leader nor a member of any gang. He is in jail since 14.03.2022.
Issues for consideration
1 issue framed by the court
Whether the applicant has made out a case for bail in a trial under the U.P. Gangster and Prevention of Anti Social Activities Act, 1986.
Parties & counsel
- applicant
Rajendra
- respondent
State of U.P.
Coram
Chandra Kumar Rai
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/15423/2022
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