Court allowed bail application filed under the Gangster Act against the applicant, releasing him on personal bond and two sureties subject to standard conditions of not tampering with evidence and cooperating in trial.
Applicant released on bail upon furnishing a personal bond and two sureties in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35925 of 2022
Applicant :- Nazir Husain Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Sagar Singh,Brijesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Shiv Sagar Singh, 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. 132 of 2022, registered under Sections 2/3 of the Uttar Pradesh Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Fatehganj Purvi, District Bareilly during pendency of the trial.
Learned counsel for the applicant submitted that one case is shown in the gang chart against the applicant on that account Gangster Act has been imposed. The case shown in the gang chart on which the applicant has been enlarged on bail vide order dated 25.04.2022, a copy of the same has been annexed as Annexure 3 to the writ petition. The applicant is innocent and has been falsely implicated in the present case due to mala fide intention. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 16.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail 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 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, Nazir Husain, 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 :- 29.8.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.08.29 17:34:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for release on bail under the Gangster Act given allegations of false implication.
Whether the applicant will misuse the liberty of bail and co-operate in the trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Nazir Husain
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
