Allowed

Ibran Alias Daud Alias Rinku v. State of U.P.

Allahabad HC19 Oct 2023BAIL/44711/2023

Case brief

AI extract

What is this about?

This Single Judge Bench allowed the bail application of Ibran Alias Daud Alias Rinku, who was accused under Section 3(1) of the U.P. Gangsters Act. The court observed that the applicant was not a gang leader, had no proven criminal history necessitating refusal, and was allegedly treated differently elsewhere. The prayer was granted on personal bond and sureties.

What did the court decide?

Released on bail on personal bond and two sureties, conditioning non-tampering of evidence, no pressuring witnesses, and appearance in court.

Ibran Alias Daud Alias Rinku Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:203357

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44711 of 2023

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Applicant :- Ibran Alias Daud Alias Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh 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. 651 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Pipraich, DistrictGorakhpur, 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 that case the applicant has been enlarged on bail. The bail order have been annexed as Annexure No. 3 to the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The criminal history of the applicant has been explained in para 15 of the affidavit accompanying the petition. The applicant is in jail since 17.05.2023.

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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 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- Ibran Alias Daud Alias Rinku involved in the aforesaid case, be 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;

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(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 :- 19.10.2023

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S.Verma

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

Ibran Alias Daud Alias Rinku v. State of U.P.

Case brief

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Ibran Alias Daud Alias Rinku v. State of U.P.

Case brief

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What the court decided

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