Allowed

Shoyeb v. State of U.P.

Allahabad HC28 Sept 2022BAIL/39606/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Shoyeb in a case registered under the Gangster Act. The applicant claimed innocence and received bail in associated cases. The court, referring to the Gangster Act and citing Satendra Kumar Antil, allowed the bail prayer.

What did the court decide?

Release of applicant Shoyeb on bail by furnishing a personal bond and two sureties subject to specific conditions.

Shoyeb Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39606 of 2022

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Applicant :- Shoyeb Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Jawahir Yadav, learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 407 of 2022, registered under Sections 2/3 Gangster and Anti Social Activities (Prevention) Act, Police Station Kavi Nagar, District Ghaziabad during pendency of the trial.

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Learned counsel for the applicant submitted that four cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart, all the bail orders have been annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 20.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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

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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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , 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, Shoyeb, 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

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court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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

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Order Date :- 28.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.29 14:22:25 IST Reason: Location: High Court of Judicature at Allahabad

Shoyeb v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shoyeb v. State of U.P.

Case brief

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