Aakash v. State of U.P.
Case brief
What is this about?
The High Court of Allahabad granted bail to Aakash in a criminal matter under the U.P. Gangster and Anti-Social Activities Act. The court emphasized strict conditions regarding appearance and trial duration.
What did the court decide?
Respondent to release the applicant on bail by furnishing a personal bond and two sureties, subject to specific undertaking conditions.
What the court decided
Neutral Citation No. - 2023:AHC:124450
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21813 of 2023 Applicant :- Aakash Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
- Supplementary affidavit has been filed today is taken on record.
- Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.
- This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.134 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at Police Station Mantola, District Agra.
- I have perused the prosecution story as set up in the impugned first information report and also the bail rejection order.
- It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is neither a member of any gang nor he has any concern with the gang leader or any gang members. It is further contended that only one case has been shown against the accused-applicant in the gang chart, in which the applicant is on bail. Copy of gang-chart and bail order have been annexed as Annexure Nos.2 and 3 respectively to the bail application. The applicant is also having criminal history of 9 cases in which he is on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is in jail since 13.04.2023.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail given the serious nature of the charges under the U.P. Gangster and Anti-Social Activities Act.
Whether sufficient material exists to indicate a possibility of tampering with evidence or influencing witnesses.
Parties & counsel
- applicant
Aakash
- respondent
State of U.P.
Coram
Shekhar Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- BAIL/21813/2023
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