Kale @ Kala v. State of U.P.
Case brief
What is this about?
The Court allowed bail to Kale @ Kala in a case under the U.P. Gangsters Act, noting vague FIR allegations and granting release on personal bond and sureties.
What did the court decide?
Applicant Kale @ Kala released on bail on personal bond and two heavy sureties on conditions to appear in court and not tamper with evidence or witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:202755
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41573 of 2023
Applicant :- Kale @ Kala Opposite Party :- State of U.P. Counsel for Applicant :- Alok Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
- The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.117 of 2022, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Chandinagar, District Baghpat, during the pendency of the trial.
- Learned counsel for the applicant submits that according to the gang chart, three cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in five other cases. In the said cases also he has been enlarged on bail.
- He further submits that in the F.I.R., in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms "gang" and "gangster" as provided under Section 2 of the Gangsters Act, no F.I.R. is maintainable. In the instant case, the F.I.R. is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.
Issues for consideration
2 issues framed by the court
Whether bail can be granted in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 when FIR allegations are vague.
Whether the applicant is entitled to release on bail ensuring no tampering with evidence or influence on witnesses.
Parties & counsel
- applicant
Kale @ Kala
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/41573/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court