Sonu v. State of U.P.
Case brief
What is this about?
Criminal Misc. Bail Application allowed. Court released applicant Sonu on personal bond of Rs. 50,000 and two sureties without expressing opinion on merits, imposing standard conditions to prevent tampering with evidence and witnesses.
What did the court decide?
Released on bail on personal bond of Rs. 50,000 and two sureties with conditions against tampering and influencing witnesses.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48520 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR/ Case Crime No. 0001 of 2023, under Section 3(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Shivpur, District Varuna (Commissionerate Varanasi).
Learned counsel for the applicant submits that in the gang-chart only one case has been mentioned in which he has been enlarged on bail by the co-ordinate Bench of this Court which have been explained in Paragraph- 11 of the affidavit. Apart from the gangchart there is no other case is registered against the applicant. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 07.07.2022.
Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.
Issues for consideration
3 issues framed by the court
Whether the bail application filed by Sonu under the U.P. Gangsters Act should be allowed.
Whether the applicant can be released on bail without expressing an opinion on the merits of the case.
What conditions should be imposed on the applicant while on bail?
Parties & counsel
- applicant
Sonu
Coram
Mohd. Azhar Husain Idrisi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/48520/2023
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