Shah Alam v. State of U.P.
Case brief
What is this about?
In a bail application under the U.P. Gangster and Anti Social Activities Act, 1986, the Single Judge allowed the release of the applicant on bail, finding a case out despite opposition.
What did the court decide?
Release on bail via personal bond and two sureties on specific conditions.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 549 of 2022
Applicant :- Shah Alam Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Shah Alam, in Case Crime No. 382 of 2021, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Jiyanpur, District-Azamgarh.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 24.08.2021; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. In gang chart, he has been shown to be of one criminal antecedent, wherein, he is on bail; hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that in gang chart, there is only one case, wherein, he is on bail.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in proceedings under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 pending at Trial Court No. 64.
Parties & counsel
- applicant
Shah Alam
- respondent
State of U.P.
Coram
Ram Krishna Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/549/2022
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