Allowed

Aarif Khan v. State of U.P.

Allahabad HC4 Nov 2022BAIL/42466/2022

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed by a single judge. The court granted bail to the applicant implicated under the U.P. Gangster Act, directing furnishing of bond and sureties subject to statutory conditions.

What did the court decide?

Released on bail upon furnishing personal bond and two sureties each in like amount, subject to verification and compliance with statutory conditions.

Aarif Khan Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

¶1

Court No. - 45

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42466 of 2022

¶3

Applicant :- Aarif Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Nalin Kumar Srivastava,J.

¶5

On oral prayer, learned counsel for the applicant is permitted to correct the case crime number in the prayer clause of the application during course of the day.

¶6

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

¶7

It is submitted by learned counsel for the applicant that the applicant is on bail in cases shown in the gang chart. The applicant has been falsely implicated in the present case. There is no reliable evidence against him. He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶8

On the other hand, learned AGA opposed the prayer for bail.

¶9

Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the 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.

¶10

Let the applicant Aarif Khan involved in Case Crime No. 234 of 2022, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Sikandara, District - Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

The applicant will not tamper with the evidence during the trial.

¶12

The applicant will not pressurize/ intimidate the prosecution witness.

¶13

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶15

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 or to any police officer or tamper with the evidence.

¶16

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

¶17

Order Date :- 4.11.2022

¶18

safi

¶19

Digitally signed by MAHBOOB SAFI Date: 2022.11.04 13:16:33 IST Reason: Location: High Court of Judicature at Allahabad

Aarif Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aarif Khan 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

Ajay Kumar Paswan Vs State of U.P.

Heera Lal and Another Vs State of U.P.

Ranno @ Ranu Vs State of U.P.

Ramveer Singh Parmar Vs State of U.P.

Lala Rajpoot@ Raghvendra Vs State of U.P.

Santosh Kumar Shukla Vs State of U.P.