Single bench bail application under Section 439 Cr.P.C. filed under the U.P. Gangsters Act. Court considered vague FIR allegations and the applicant's pending bail in other related cases. Application allowed with conditions and sureties.
Released on bail on furnishing a personal bond and two sureties each of the like amount satisfying the court.
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Neutral Citation No. - 2023:AHC:222494
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46895 of 2023
Applicant :- Manish Gupta Alias Mintu Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 16.08.2023.
(i) the applicant shall not tamper with the prosecution evidence;
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 23.11.2023 SKT/-
Digitally signed by :- SHIVA KANT TIWARI 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 Gangsters Act given vague allegations regarding the definition of 'gang' and 'gangster'.
Whether the applicant satisfied the condition that while on bail, they would not commit an offence, tamper with evidence, or influence witnesses.
4 provisions across 2 enactments
Manish Gupta Alias Mintu Lal
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
