Allowed

Mahmood Alam @ Guddu v. State of U.P.

Allahabad HC21 Nov 2023BAIL/48054/2023

Case brief

AI extract

What is this about?

This order grants interim bail to the applicant charged under the U.P. Gangsters Act. The High Court noted the applicant's claim of false implication and lack of criminal history but declined to express an opinion on merits before allowing bail with specific conditions.

What did the court decide?

Bail allowed on personal bond and two sureties with conditions against tampering, seeking adjournments, and future criminal activity.

Mahmood Alam @ Guddu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:220151

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48054 of 2023 Applicant :- Mahmood Alam @ Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicant and Sri Anil Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

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By means of the present bail application, the applicant seeks bail in Case Crime No. 173 of 2023 under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Basti, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of seven criminal cases shown in the gang chart. The details of criminal cases have been mentioned in paragraph 8 of the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 7.6.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned AGA opposed the prayer for bail but has not disputed the fact of no other criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant.

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Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Mahmood Alam @ Guddu involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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(Justice Krishan Pahal)

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Order Date :- 21.11.2023\Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Mahmood Alam @ Guddu v. State of U.P.

Case brief

What is this about?

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Mahmood Alam @ Guddu v. State of U.P.

Case brief

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