In Criminal Misc. Bail Application No. 25108 of 2022, the Allahabad High Court allowed the bail of Afsar Ali, invoking the discretion under the U.P. Gangster Act after finding he made out a case for bail despite the State's opposition.
Release on bail by furnishing a personal bond and two sureties each to the satisfaction of the court concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25108 of 2022
Applicant :- Afsar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav 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 with a prayer to release the applicant on bail in Case Crime No. 109 of 2022 registered under Sections 2/3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kada Dham, District Kaushambi during pendency of the trial.
Learned counsel for the applicant submitted that one case is shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the case shown in the gang chart which is annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 16.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate 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 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, Afsar Ali, who is involved in the aforesaid
case crime, 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 :- 24.6.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.06.24 15:58:00 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in a case registered under the U.P. Gangster Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶8
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Afsar Ali
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
