Vifai v. State of U.P.
Case brief
What is this about?
The High Court granted bail to the applicant Vifai, facing charges under the U.P. Gangster Act, by requiring a personal bond and two local sureties subject to specific conditions regarding court attendance and evidence.
What did the court decide?
Released on bail upon furnishing a personal bond and two local sureties, subject to specific conditions of attendance and conduct.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53169 of 2022
Applicant :- Vifai Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned Counsel for the applicant as well as Sri S.K. Ojha, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Vifai with a prayer to enlarge him on bail in Case Crime No. 298 of 2022, under Section 3(1) of the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 registered at Police Station - Kotwali Bansi, District - Siddharth Nagar during the pendency of the trial.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart, only one case has been shown against the applicant. It has further been argued by the learned counsel for the applicant that the applicant has already been enlarged on bail in the case shown in the gang chart and copy of the bail order has been enclosed as Annexure No. 3 to the bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 02.11.2022.
Issues for consideration
1 issue framed by the court
Whether to release the applicant on bail in a case registered under the U.P. Gangster Act.
Parties & counsel
- applicant
Vifai
Coram
Shiv Shanker Prasad
Sailesh Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/53169/2022
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