Allowed

Faizan @ Suchcha v. State of U.P.

Allahabad HC12 Sept 2022BAIL/36128/2022

Case brief

AI extract

What is this about?

The single judge allowed the bail application of Faizan @ Suchcha in a case under the U.P. Gangster and Anti-social Activities (Prevention) Act 1986. The court held that the applicant had made out a case for bail, directing release warranting a personal bond and two sureties upon verification.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount subject to specified conditions.

Faizan @ Suchcha Vs State of U.P. — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 92

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36128 of 2022

¶3

Applicant :- Faizan @ Suchcha Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gajendra Kumar,J.

¶5

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

¶6

The instant bail application has been filed on behalf of the applicant- Faizan @ Suchcha with a prayer to release him in Case Crime No.203 of 2022, under section 3(1) of U.P.Gangster and Anti-social Activities (Prevention) Act 1986, Police Station Nahtaur, District Bijnor, during pendency of the trial.

¶7

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Two cases have been shown in the gang-chart against the applicant. The applicant is on bail in the cases shown in the gang chart and he has no criminal history except the cases mentioned in the Gang Chart. Bail orders are 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 20.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

¶8

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

¶9

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.

¶10

Let the applicant, Faizan @ Suchcha , who is involved in Case Crime No.203 of 2022, under section 3(1) of U.P.Gangster and Anti-social Activities (Prevention) Act 1986, Police Station Nahtaur, District Bijnor, 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

¶11

conditions. Further, before issuing the release order, the sureties be verified.

¶12

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

¶13

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

¶14

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

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 12.9.2022 Ashutosh

¶17

Digitally signed by ASHUTOSH SINGH Date: 2022.09.14 17:16:30 IST Reason: Location: High Court of Judicature at Allahabad

Faizan @ Suchcha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faizan @ Suchcha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hamveer Singh Vs State of U.P.

Ankit Verma Vs State of U.P.

Gokul Kumar Pandey Vs State of U.P.