Allowed

Wasim v. State of U.P.

Allahabad HC9 Oct 2023BAIL/38951/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, in a bail application under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, allowed the applicant's prayer for bail. The court was satisfied with the applicant's arguments regarding false implication and granted bail conditional on appearing before the trial court and not tampering with witnesses.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties subject to specific conditions regarding court attendance and conduct.

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

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Neutral Citation No. - 2023:AHC:193532

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38951 of 2023

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Applicant :- Wasim Opposite Party :- State of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Supplementary affidavit filed on behalf the applicant is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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By means of the present bail application, the applicant seeks bail in Case Crime No.214 of 2023, under Section 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Jhinjhana, District Shamli, during the pendency of trial.

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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 details of which 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 apart from the case shown in the gang chart, there is also criminal history of two cases against the applicant which has been explained in paragraph-6 of the aforesaid affidavit. The applicant is languishing in jail since 25.07.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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

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Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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

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

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 9.10.2023

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Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Wasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Wasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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