Allowed

Shamsul Huq@ Chotkane v. State of U.P.

Allahabad HC23 Aug 2022BAIL/36135/2022

Case brief

AI extract

What is this about?

This bail application, filed under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, was allowed. The court found that the applicant had made out a case for bail, granting release on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Granted bail on furnishing a personal bond and two local sureties subject to conditions regarding tampering and witness influence.

Shamsul Huq@ Chotkane Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36135 of 2022

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Applicant :- Shamsul Huq @ Chotkane Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No.64 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sonuali, District Mahrajganj with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It was further submitted that in gang chart, one case has been shown against applicant, in which, he is already granted bail by the learned counsel below, copy of which has been annexed as annexure no.3 to the bail application. It is submitted that applicant has no criminal history. It was further submitted that applicant is languishing in jail since 26.06.2021 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Shamsul Huq @ Chotkane in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 23.8.2022 VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.08.24 10:12:02 IST Reason: Location: High Court of Judicature at Allahabad

Shamsul Huq@ Chotkane v. State of U.P.

Case brief

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Shamsul Huq@ Chotkane v. State of U.P.

Case brief

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