Allowed
Mukesh v. State of U.P.
Allahabad HCBAIL/34576/2022
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34576 of 2022
Applicant :- Mukesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant Mukesh with a prayer to release him in Case Crime No.222 of 2021, under section 2/3 of U.P.Gangsters and Antisocial Activities (Prevention) Act 1986, Police Station Madrak, District Aligarh, 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. On account of single case provision of Gangster Act has been imposed. The applicant is on bail in the case shown in the gang chart. Bail order is annexed with bail application. He next contended that the applicant is neither involved in any anti-social activities nor a leader of any gang. The applicant is in jail since 06.10.2021. 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, Mukesh, who is involved in Case Crime No.Case Crime No.222 of 2021, under section 2/3 of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Madrak, District Aligarh, 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 :- 12.9.2022/SKD
Digitally signed by SURJIT KUMAR DEY Date: 2022.09.13 14:11:26 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether Mukesh has made out a case for bail in Case Crime No.222 of 2021 under U.P. Gangsters Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Distinguished¶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
Mukesh
Deepak Verma
As recorded by the court registry
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