High Court Court No. 74 allowed a bail application filed under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, by an applicant detained since December 2022 following a trial court rejection.
Release on bail upon furnishing a personal bond and two sureties with specific conditions not to tamper with evidence or influence witnesses.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3665 of 2023
Applicant :- Abbas Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rayoof Ali,Ramesh Chand Patel Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.328 of 2022 at Police Station-Kalwari, District-Basti under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant is in jail since 09.12.2022.
The bail application of the applicant was rejected by the learned trial court on 10.01.2023.
The following arguments made by Shri Rayoof Ali, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in this case only to burnish the credentials of the police
authorities.
(2). The applicant has been enlarged on bail in the two criminal cases depicted in the gang chart. He is not a member of any criminal gang.
(3). The applicant has explained his criminal history. It is also contended that the applicant belongs to poor economic strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in another case only to burnish the credentials of the police authorities. The said case has no bearing on the instant bail application.
(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Abbas Ali be released on bail in the aforesaid case crime number, on furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 7.2.2023 Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Abbas Ali
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
