High Court considered bail application under U.P. Gangster Act. Court held case made out for bail allowing release on personal bond and sureties subject to specific conditions regarding tampering and criminal activity.
Applicants released on bail on executing personal bond and two reliable sureties each in like amount.
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. - 46815 of 2022
Applicant :- Mohd. Akmal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the respective parties.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.356 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station-Budhana, District-Muzaffar Nagar.
Learned counsel for the applicants submits that they have been falsely implicated in the present case. It is further submitted that only one case has been shown in the gang chart against the applicants, in which, they have already been enlarged on bail by the court concerned, copy of the same has been annexed as Annexure-3 to the bail application. Apart from the abovementioned case, applicants do not have any criminal history. It is next urged that there is no possibility of their fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 23.04.2022, hence, he is entitled to bail.
Learned A.G.A. for the State vehemently opposes bail.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicants, Mohd. Akmal and Asif Rana , involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) The applicants shall not tamper with the evidence.
(ii) The applicants shall not indulge in any criminal activity.
(iii) The applicants shall not threaten the informant and witnesses and further shall cooperate in the investigation.
(iv) The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicants.
Order Date :- 1.11.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.11.01 16:50:06 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to applicants charged under the U.P. Gangster and Anti-Social Activities Prevention Act considering lack of tampering risk and criminal history in other cases.
Whether conditions such as sureties and personal bond are sufficient to enforce bail release.
Whether the State's opposition to bail warrants denial given the allegations made by the applicants.
1 provisions across 1 enactments
Mohd. Akmal
Asif Rana
State of U.P.
Gajendra Kumar
Ashutosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
