Iqbal v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of the applicant, who was falsely implicated in a case under the U.P. Gangsters Act, balancing prior bail grants against bail opposition.
What did the court decide?
The applicant was released on bail with a personal bond and two reliable sureties, subject to conditions prohibiting tampering with evidence or witnesses.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40447 of 2022
Applicant :- Iqbal Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 475 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Kotwali District Mainpuri.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, three cases out of four have been shown against the applicant in Case Crime Nos. 350 of 2022, 293 of 2022 and 366 of 2022 in which the applicant has already been enlarged on bail by the Court below and one case has been shown against the applicant in Case Crime No.359 of 2022, which is still pending before this Hon'ble Court for consideration of bail. It is further submitted that the applicant is languishing in jail since 19.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in the pending case under the U.P. Gangsters Act given prior bail grants in related cases.
Parties & counsel
- applicant
Iqbal
- respondent
State of U.P.
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/40447/2022
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