Hariom v. State of U.P.
Case brief
What is this about?
Court allowed bail application under U.P. Gangsters Act due to jail overcrowding during pandemic, with personal bond and two sureties subject to standard conditions.
What did the court decide?
Released on bail with personal bond and two sureties subject to conditions against tampering, delaying trial, or indulging unlawful activities.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2873 of 2022
Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 159 of 2020, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Garautha, District Jhansi.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is alleged that applicant has been shown as a member of gang on account of his implication in Case Crime No. 66 of 2020 under Sections 379, 411 I.P.C., Police Station Garautha, District Jhansi in which he has already been enlarged on bail on 28.07.2020 by the Additional District and Sessions Judge, Jhansi. Submission is that neither the applicant is a member of any gang nor is involved in any gang activity and that the trial is not likely to be concluded shortly on account of Covid-19 pandemic. It is also contended that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 28.10.2021.
Issues for consideration
1 issue framed by the court
Whether the accused is fit for bail under the U.P. Gangsters Act considering jail overcrowding during the pandemic.
Parties & counsel
- applicant
Hariom
Coram
Ashwani Kumar Mishra
Ashok Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/2873/2022
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