The applicant sought bail in a case under the U.P. Gangster and Anti-Social Activities Act. The court observed the argument regarding false implication but did not express an opinion on merits.
Release on bail on furnishing a personal bond and two sureties on specified conditions.
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Neutral Citation No. - 2023:AHC:176420
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37805 of 2023
Applicant :- Arjun Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shahrukh,Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.
By means of the present bail application, the applicant seeks bail in Case Crime No.233 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Babugarh, District Hapur, during the pendency of trial.
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 one criminal case shown in the gang chart in which he has been granted bail. 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. Learned counsel has further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 24.07.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA opposed the prayer for bail but has not disputed the fact of no other criminal history against the applicant.
Without expressing any opinion on the merits, the bail application is allowed.
Let the applicant Arjun Singh , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.9.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
1 provisions across 1 enactments
Arjun Singh
Umesh Chandra Sharma
As recorded by the court registry
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