The High Court allowed a bail application filed by Zafruddeen under Section 3(1) of the UP Gangster and Anti-social Activities Act, 1986. The court found that the applicant made out a case for bail while outlining standard conditions to prevent tampering with evidence and re-offending.
Applicant released on bail furnishing a personal bond and two sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24016 of 2022
Applicant :- Zafruddeen Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Zafruddeen with a prayer to release him on bail in Case Crime No.56 of 2022, under Section 3(1) Uttar Pradesh Gangster and Anti-social Activities (Prevention) Act, 1986 P.S. Bhoganipur, District Kanpur Dehat, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Single case has been shown in the gang-chart against the applicant in which the applicant has been released on bail by coordinate Bench of this Court in Criminal Misc.Bail Application No.46791 of 2021 vide order dated 24.11.2021. He next contended that the applicant is neither involved in any antisocial activities nor a leader of any gang. The applicant is in jail since 19.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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.
Let the applicant, Zafruddeen, who is involved in Case Crime No.56 of 2022, under Section 3(1) Uttar Pradesh Gangster and Anti-social Activities (Prevention) Act, 1986 P.S. Bhoganipur, District Kanpur Dehat, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.7.2022 SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.07.08 10:37:25 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant made out a case for bail under Section 3(1) of the Uttar Pradesh Gangster and Anti-social Activities (Prevention) Act, 1986.
Whether the applicant has been falsely implicated in the gang case and involves in antisocial activities.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Zafruddeen
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
