Rashid v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to Rashid in CC No. 189 of 2021 under UP Gangsters Act, 1986, dismissing conditions of bail denial by Fast Track Court and imposing standard bonds without observing merits.
What did the court decide?
Application allowed; Rashid released on bail for personal bond and two sureties subject to standard conditions.
What the court decided
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8560 of 2022
Applicant :- Rashid Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Pratap Singh Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.189 of 2021 at Police Station-Binauli, DistrictBaghpat under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant is in jail since 26.05.2021.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Fast Track Court (Women harassment), Court No.1, Baghpat on 03.02.2022.
Shri Avadh Pratap Shishodia, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the five criminal cases depicted in the gang chart. He is not a member of any criminal gang.
Explaining the criminal history of the applicant,
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in CC No. 189 of 2021 under the UP Gangsters and Anti-Social Activities Act, 1986.
Whether the applicant poses a flight risk or threat to witnesses in the underlying case.
Whether the valueless supplementary affidavit satisfies the conditions for bail.
Parties & counsel
- applicant
Rashid
- respondent
State of U.P.
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/8560/2022
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