Munnoo v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad allowed a bail application filed by Munnoo. The court held that merely being under investigation does not make one a gangster and granted bail subject to standard conditions.
What did the court decide?
Applicant Munnoo released on bail with personal bond and two sureties subject to six conditions.
What the court decided
Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14087 of 2023
Applicant :- Munnoo Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Learned A.G.A. submits that instructions have been received and he has no objection in case the bail application is heard on merits.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant, in which cases he is already on bail, the bail orders are annexed as Annexure nos.2 and 3 to the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph 2 of the supplementary affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 13.2.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available.
Issues for consideration
2 issues framed by the court
Whether the applicant can be released on bail despite allegations under the Gangster Act where he is already on bail in cited cases.
Whether the applicant qualifies as a 'Gangster' under the U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986.
Parties & counsel
- applicant
Munnoo
- respondent
State of U.P.
Coram
Vikram D Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/14087/2023
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