In a bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, the court granted bail by exercising its inherent powers, allowing the release on personal bond with two sureties and specific undertaking conditions.
Applicant released on bail on personal bond and two sureties under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39180 of 2022
Applicant :- Arvind @ Maya Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contended that the applicant is an innocent person and has been falsely implicated in this case. He further submits that 2 cases shown against the applicant in the Gang Chart and in all these case applicant is on bail. He further submits that applicant is neither member nor leader of any gang. He further submits that the applicant will not misuse the liberty of bail and he is in jail since --
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Arvind @ Maya involved in Case Crime No. 22 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Mathura, be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 5.9.2022 v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.09.06 09:49:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the underlying criminal proceedings.
1 provisions across 1 enactments
Arvind @ Maya
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
