Allowed

Salman v. State of U.P.

Allahabad HC14 Nov 2022BAIL/49655/2022

Case brief

AI extract

What is this about?

Single judge court allowed bail in Criminal Misc. Bail Application filed by Salman in a case under U.P. Gangster and Anti-Social Activities Act. Bail release conditional on sureties and restrictions against tampering. Order signed on 14.11.2022.

What did the court decide?

Release on bail upon executing personal bond and two reliable sureties in like amount to the satisfaction of the court concerned, subject to specific conditions.

Salman Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49655 of 2022

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Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the respective parties.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.136 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station- B.B. Nagar, DistrictBulandshahr.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is further submitted that three cases have been shown in the gang chart against the applicant, in which, in all the three cases he has already been enlarged on bail, copy of the bail orders have been annexed with the bail application as Annexure-3,4 and 5. He further submits that applicant has criminal history of ten other cases except the cases mentioned in the gang-chart, which he has satisfactorily explained in para-2 of the supplementary affidavit. He further submits that applicant has no criminal history except the aforesaid cases. It is next urged that there is no possibility of his 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 19.10.2022, hence, he is entitled to bail.

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Learned A.G.A. vehemently opposes bail.

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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.

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Let the applicant, Salman, 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:

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(i) The applicant shall not tamper with the evidence.

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(ii) The applicant shall not indulge in any criminal activity.

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(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

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(iv) The applicant 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.

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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 applicant.

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Order Date :- 14.11.2022 Shiv

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Digitally signed by SHIV KUMAR SHARMA Date: 2022.11.14 17:15:21 IST Reason: Location: High Court of Judicature at Allahabad

Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Salman v. State of U.P.

Case brief

What is this about?

What did the court decide?

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