Allowed

Ashfaq v. State of U.P.

Allahabad HC5 Oct 2023BAIL/38729/2023

Case brief

AI extract

What is this about?

A criminal bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act was allowed. The court held the applicant was not a gang member and would not misuse liberty, dispensing with a deep merits inquiry.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties on conditions against tampering with evidence and appearing on dates fixed by the trial court.

Ashfaq Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191128

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38729 of 2023

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Applicant :- Ashfaq Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Chauhan,Sarvottam Kumar Saini,Sumant Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 343 of 2022, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Gorakhnath, District Gorakhpur, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, only one case has been shown against the applicant and in the said case the applicant has been enlarged on bail. The bail order has been annexed as Annexure No. 2 to the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The applicant is in jail since 9.9.2022, in case, he is enlarged on bail, he will not misuse the liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record and in light of the submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Ashfaq involved in the aforesaid case, be

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released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.10.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Ashfaq v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashfaq v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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