Tintoo v. State of U.P.
Case brief
What is this about?
This court allowed bail to the applicant charged under the U.P. Gangsters Act. The court observed that the applicant had been acquitted in a prior trial and made out a case for release.
What did the court decide?
The applicant was released on bail upon furnishing a personal bond and two sureties, subject to specific conditions.
What the court decided
Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4787 of 2023
Applicant :- Tintoo Opposite Party :- State of U.P. Counsel for Applicant :- Raj Singh,Nitin Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 02 of 1999, G.S.T. No. 864 A/2010, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Iglas, District Aligarh, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Gangsters Act has been invoked on account of two cases shown in the gang chart as Case Crime No.284 of 1998 under Section 307 I.P.C. and Case Crime No.310 of 1998 under Sections 395 and 328 I.P.C. It has been next submitted that applicant has been acquitted by trial court, a copy whereof is annexed with supplementary affidavit. It is further submitted that applicant could not appear in court proceedings as after released on bail he became mentally sick and except cases shown in the gang chart, the applicant is not involved in any other cases. The applicant is languishing in jail since 08.12.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case under the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act.
Parties & counsel
- appellant
Tintoo
- respondent
State of U.P.
Coram
Deepak Verma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/4787/2023
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