Bail application allowed under U.P. Gangster Act. Applicant acquitted in foundational case but detained for over three years. Court held no valid ground for detention without proof applicant meets Gangster definition.
Applicant released on bail with personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:177646
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37114 of 2023
Applicant :- Monu Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Dhama Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
under the Gangster Act. This Court see no valid ground to detain the applicant in custody once the applicant has already been acquitted in the case shown in the gang chart.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
Order Date :- 13.9.2023 D. Tamang
Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad
3 issues framed by the court
Whether applicant qualifies as a Gangster under U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986 despite acquittal in the foundational case.
Whether applicant is entitled to bail despite pendency of cases under the Gangster Act.
Whether applicant has satisfied conditions for bail after languishing in jail for over three years.
1 provisions across 1 enactments
Monu Kashyap
State of U.P.
Vikram D. Chauhan
Dhirendra Tamang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
