Naseem v. State of U.P.
Case brief
What is this about?
This court granted bail to the applicant challenging prosecution under the U.P. Gangster Act, holding that insufficient evidence in the gang chart and prior bail status negate allegations of being a gang leader.
What did the court decide?
The applicant released on bail by furnishing a personal bond and two sureties subject to conditions regarding attendance, non-interference with witnesses, and absence from India.
What the court decided
Neutral Citation No. - 2023:AHC:203906
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43749 of 2023
Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Learned A.G.A. submits that instructions have been received and has no objection in case the bail application is heard on merits.
- Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
- It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant, in which cases he has been acquitted, the acquittal orders are annexed at page 21 and 24 of the affidavit. It is also submitted that other criminal history of the applicant has been explained in paragraph 10 of the affidavit. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 28.7.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. In the first information report, the allegations are vague in nature and no specific instance to the effect that the applicant is member or leader or organizer of a Gang has been disclosed and as such the factual foundation under the Gangster Act is not available.
Issues for consideration
2 issues framed by the court
Whether the applicant qualifies as a 'Gangster' under the U.P. Gangster Act given the lack of material in the gang chart.
Whether the existence of pending criminal cases where the applicant was on bail precludes bail in the current Gangster Act case.
Parties & counsel
- applicant
Naseem
- respondent
State of U.P.
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/43749/2023
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