Allowed
Sher Ali v. State of U.P.
Allahabad HCBAIL/19224/2023
Case brief
AI extract
What is this about?
Single judge allowed bail in a Gangster Act case where applicant claimed false implication and lack of gang membership, granting release subject to conditions.
What did the court decide?
Release on bail with personal bond and two sureties subject to standard conditions.
What the court decided
AI extract
¶1
Neutral Citation No. - 2023:AHC:99434
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Court No. - 83
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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19224 of 2023
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Applicant :- Sher Ali Opposite Party :- State of U.P. Counsel for Applicant :- Narsingh Pandey Counsel for Opposite Party :- G.A.
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Hon'ble Krishan Pahal,J.
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- List has been revised. Heard learned counsel for the applicant and Sri Rajesh Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record.
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- By means of the present bail application, the applicant seeks bail in Case Crime No. 3 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police StationKaptanganj, District- Basti during the pendency of trial.
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- It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of three criminal cases shown in the gang chart. The details of criminal cases have been mentioned in paragraph 5 of the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 29.3.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Issues for consideration
1 issue framed by the court
AI extract
Whether the applicant is entitled to bail while charged under the U.P. Gangster Act.
Parties & counsel
AI extract
- applicant
Sher Ali
Coram
AI extract
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/19224/2023
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