Allowed

Shan Ahmad and Another v. State of U.P.

Allahabad HC9 Sept 2022BAIL/28439/2022

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Shan Ahmad and Waseem in a case under the U.P. Gangsters and Anti-social Activities Act, 1986. The court noted the applicants were already on bail in the gang chart and released them on personal bond and two sureties each, with conditions against tampering or criminal activity.

What did the court decide?

Release on bail on personal bond and two sureties each subject to conditions of no tampering, sincere cooperation, and no further crime.

Shan Ahmad and Another Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28439 of 2022

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Applicant :- Shan Ahmad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A.

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The instant bail application has been filed on behalf of the applicants Shan Ahmad & Waseem with a prayer to release them in Case Crime No.447 of 2022, under section 2/3 of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Izzatnagar, District Bareilly, during pendency of the trial.

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Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case. Single case has been shown in the gang-chart against the applicants. On account of single case provision of Gangster Act has been imposed. The applicants are on bail in the case shown in the gang chart. Bail order is annexed with bail application. He next contended that the applicants are neither involved in any anti-social activities nor a leader of any gang. The applicants are in jail since 29.05.2022. In case, the applicants are released on bail, they will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants.

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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 applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, Shan Ahmad & Waseem, who are involved in Case Crime No.447 of 2022, under section 2/3 of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Izzatnagar, District Bareilly, be released on bail on their 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,

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the sureties be verified.

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

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

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

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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 :- 9.9.2022

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SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.09.12 10:35:37 IST Reason: Location: High Court of Judicature at Allahabad

Shan Ahmad and Another v. State of U.P.

Case brief

What is this about?

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Shan Ahmad and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

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