Mukeem v. State of U.P.
Case brief
What is this about?
Held that bail application allowed in case under U.P. Gangsters Act. Court found FIR allegations vague and noted no specific act/omission met Section 2 definition. Released applicant on personal bond and two sureties.
What did the court decide?
Applicant released on bail with personal bond and two sureties, prohibited from tampering evidence or pressuring witnesses, and required to appear in court.
What the court decided
Neutral Citation No. - 2023:AHC:172210
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34897 of 2023
Applicant :- Mukeem Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
- The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 112 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, the "Gangsters Act"), Police Station Kaptanganj, District Basti, during the pendency of the trial.
- Learned counsel for the applicant submits that according to the gang chart, only one case is shown against the applicant and in the said case the applicant has been enlarged on bail.
- He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon solitary criminal case and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail under the Gangsters Act considering vague FIR allegations and reasonable grounds to believe he is not guilty.
Whether the applicant would commit offences or tamper with evidence while on bail.
Whether the FIR is maintainable without specific allegations establishing the applicant as a 'gangster' as per Section 2.
Parties & counsel
- applicant
Mukeem
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/34897/2023
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