Allowed

Arif v. State of U.P.

Allahabad HC12 Apr 2023BAIL/14049/2023

Case brief

AI extract

What is this about?

The Court entertained a bail application filed by Arif in a crimes case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Considering the applicant's explanation regarding his charge being based on a solitary gang chart entry and his existing criminal history, the Court allowed the bail prayer.

What did the court decide?

The applicant was ordered to be released on bail on furnishing a personal bond and two sureties with conditions to appear in court, not tamper with evidence, and not engage in criminal or anti-social

Arif Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14049 of 2023

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Applicant :- Arif Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi

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Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Amit Kumar Advocate holding brief of Sri Manoj Kumar Tripathi, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2023, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Babri, District- Shamli, during pendency of the trial in the court below.

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Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart.

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Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail.

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He further submitted that apart from the solitary case shown in the gang chart, applicant is having criminal history of five other cases but in all the cases he has already been enlarged on bail and in the present matter, he is in jail since 8.2.2023, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that apart from the solitary case shown in the gang-chart, applicant is having criminal history of six other cases but could not dispute the fact that on the basis of solitary case, applicant has been made accused in the present matter.

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I have heard learned counsel for the parties and perused the record

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of the case.

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Although, as per the instruction of learned AGA, apart from the solitary case shown in the gang-chart, applicant is having criminal history of six other cases but as applicant has been made accused in the present matter, on the basis of solitary case and criminal history of five cases has been explained in the affidavit and in the present matter, applicant is in jail since 8.2.2023, therefore, in my view applicant entitled to be released on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Arif be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 12.4.2023 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Arif v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arif v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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