Kaleem v. State of U.P.
Case brief
What is this about?
This court enlarged the applicant on bail in a case under the U.P. Gangster Act after considering assertions of false implicate and lack of prior record, imposing strict conditions regarding adjournments and trial attendance.
What did the court decide?
The applicant was released on bail by furnishing a personal bond and two sureties, subject to specific conditions regarding trial attendance and conduct.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19748 of 2022
Applicant :- Kaleem Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Kumar Rai,J.
Heard Sri Ganesh Shanker Patel, holding the brief of Sri Sanjay Srivastava, learned counsel for applicant, learned A.G.A for the State and perused the record.
Applicant- Kaleem seeks bail in Case Crime No.208/2020, under Section 3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, P.S. Ghatampur, District Kanpur Nagar.
It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that in the gang chart, one case is mentioned against the applicant, necessary averments have been made in paragraph no. 4 of the affidavit in support of the bail application, bail order is Annexure No.2 to the bail application. It is finally submitted that the applicant claims to have no previous criminal history, is in jail since 25.5.2022, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.
Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the applicant after considering the grounds of false implication and lack of prior criminal history.
Whether conditions can be imposed to secure the applicant's presence during critical stages of the trial.
Parties & counsel
- applicant
Kaleem
Coram
Chandra Kumar Rai
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/19748/2022
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