Mehardeen v. State of U.P.
Case brief
What is this about?
The High Court allowed the bail application of Mehardeen, who was falsely implicated under the U.P. Gangsters and Anti-Social Activities Act, 1986, noting prior bail grants in other cases.
What did the court decide?
Released on bail by furnishing a personal bond and two reliable sureties.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46349 of 2022
Applicant :- Mehardeen Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Dwivedi 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. 508 of 2019, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Bindhnoo, District Kanpur Nagar.
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, only two cases have been shown against the applicant in which the applicant has already been enlarged on bail. It is further submitted that the applicant is languishing in jail since 09.09.2022, 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.
Having regard to the facts that the applicant has already been granted bail in two cases mentioned in the gang-chart, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case under the U.P. Gangsters and Anti-Social Activities Act, 1986.
Parties & counsel
- applicant
Mehardeen
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/46349/2022
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