Akash v. State of U.P.
Case brief
What is this about?
Court allowed bail application filed by Akash under U.P. Gangster and Anti Social Activities Act, 1986. Applicant was languishing in jail and claimed no gang involvement. Bail granted with conditions and personal bond.
What did the court decide?
Applicant released on bail on furnishing personal bond and sureties after courts resumed normal functioning.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32741 of 2022
Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
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 Akash with a prayer to release him on bail in Case Crime No.0327 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Civil Lines, District Aligarh, during pendency of the trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by the court concerned vide orders dated 18.08.20222 and 19.07.2022 (Annexures Nos.SA-1 and 4 to the bail application). He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Issues for consideration
2 issues framed by the court
Whether the applicant has made out a prima facie case for bailconsidering the nature of the offence and his bail history.
Whether the applicant is a member of any gang involved in criminal activities.
Parties & counsel
- applicant
Akash
Coram
Deepak Verma
Surjit Kumar Dey
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/32741/2022
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