Mohabbat v. State of U.P.
Case brief
What is this about?
Bail granted to applicant Mohabbat in a gangster case where co-accused were also on bail. Court relied on Section 19(4)(b) of the Gangsters Act without addressing merits.
What did the court decide?
Release on bail by executing personal bond and furnishing two sureties subject to conditions regarding non-tampering and appearance.
What the court decided
Court No. - 93
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52351 of 2022
Applicant :- Mohabbat Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Shri Dinesh Kumar, learned counsel for the applicant as well as Sri Raj Kumar Nishad, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Mohabbat, with a prayer to release him on bail in Case Crime No. 606 of 2022, under Sections 3 (1) of U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station- Gajraula, District- Amroha during pendency of trial.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in the two substantive offences mentioned in the gang chart annexed as Annexure No. 2 to the affidavit. It is next argued that the applicant has been admitted to bail in all the substantive offences. Relevant bail orders passed by the court below have been annexed as Annexure no.3 to the affidavit filed alongwith bail application as well as the Annexure SA-2 to the supplementary affidavit. It is also submitted that the applicant has no criminal antecedents. It is further submitted that co-accused Arshad and Patwari, identically circumstanced as the applicant, have been enlarged on bail by a co-ordinate bench of this Court vide orders dated 2.11.2022 and 3.11.2022 passed in Criminal Misc. Bail Application Nos.48626 of 2022 and 48987 of 2022 respectively, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 14.10.2022 and in case he is released on bail he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
Whether the applicant, who is on bail in substantive offences and has no prior record, is entitled to bail in the present case.
Parties & counsel
- applicant
Mohabbat
- respondent
State of U.P.
Coram
Surendra Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/52351/2022
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