Allowed

Allauddin@ Alau and Another v. State of U.P.

Allahabad HC5 Apr 2022BAIL/9477/2022

Case brief

AI extract

What is this about?

The court allowed a criminal miscellaneous bail application filed by Allauddin alias Alau and Aarif, who were incarcerated in Case Crime No.49 of 2022 under the U.P. Gangsters and Anti-Social Activities Act. The court released them on bail subject to furnishing a personal bond, two sureties for each, and conditions prohibiting tampering with witnesses and engaging in illegal activities.

What did the court decide?

Release of Allauddin alias Alau and Aarif on bail on furnishing personal bond and two sureties each subject to conditions.

Allauddin@ Alau and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9477 of 2022

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Applicant :- Allauddin@ Alau And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

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The accused- applicants Allauddin alias Alau and Aarif are involved in Case Crime No.49 of 2022, under Section 2/3 U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Kotwali Shahr, District-Bijnor.

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Learned counsel for the applicants submits that in the gang chart only one case each is shown against the applicants and in those cases, they are on bail. Apart from one case each shown in the gang chart, the applicants have no criminal history. The copies of bail orders are appended with the paper book. They are languishing in jail since 02.02.2022 and in case they are enlarged on bail they will not misuse the liberty of bail. Hence, bail has been prayed for.

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Per contra learned A.G.A. has opposed the bail application but could not contradict the facts mentioned by the learned counsel for the applicants.

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Having heard the submissions of learned counsel of both the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicants, Allauddin alias Alau and Aarif , who are involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicants will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

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They will not tamper with the witnesses.

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They will not indulge herself in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.4.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.04.06 14:14:50 IST Reason: Location: High Court of Judicature at Allahabad

Allauddin@ Alau and Another v. State of U.P.

Case brief

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Allauddin@ Alau and Another v. State of U.P.

Case brief

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