The High Court of Judicature at Allahabad granted bail to the applicant in a trial under the U.P. Gangsters Act, finding the bail submissions satisfactory and applying special provision Section 19(4)(b).
Applicant released on bail on furnishing a personal bond and two sureties on specific conditions not to tamper with evidence or influence witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:201685
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44449 of 2023
Applicant :- Govind Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Chandra,Vimal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
satisfactorily dispute the aforesaid submissions from the record.
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 18.10.2023 Lbm/-
Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail under Section 439 Cr.P.C. in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the FIR is maintainable given the absence of specific allegations regarding the definitions of 'gang' and 'gangster'.
3 provisions across 2 enactments
Govind Gupta
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
