In this bail application under Section 439 Cr.P.C., the High Court granted bail to the applicant accused under the U.P. Gangsters Act. The court held that the FIR allegations were vague and did not satisfy the definition terms of the Act, enabling release on bond.
The applicant is released on bail on furnishing a personal bond and two sureties each of the like amount.
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:205081
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45271 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
not 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 :- 27.10.2023 Nitika Sri.
Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 when FIR allegations are vague and do not cover the definition of 'gang' or 'gan
Whether the applicant stands guilty of the offence under the Gangsters Act based on the material available on record.
3 provisions across 2 enactments
Sonu
Vivek Varma
Nitika Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
