Allowed

Sazid v. State of U.P.

Allahabad HC2 Feb 2023BAIL/4962/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 4962 of 2023, the Allahabad High Court granted bail to the applicant charged under the U.P. Gangster Act. The court released the applicant on a personal bond and two sureties upon arguments regarding false implication and lack of gang membership.

What did the court decide?

Released on bail on a personal bond and two sureties by furnishing an undertaking to cooperate and not tamper with evidence.

Sazid Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4962 of 2023

¶3

Applicant :- Sazid Opposite Party :- State of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 258 of 2022 at Police Station- G.R.P. Gorakhpur, District- Gorakhpur under Section 3(1) of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 11.01.2023.

¶6

The bail application of the applicant was rejected by the Additional Sessions Judge, Court No. 3/Special Judge (Gangsters Act), Gorakhpur on 21.01.2023.

¶7

The following arguments made by Shri R.S. Maurya, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya. learned AGA-I from the record, entitle the applicant for grant of bail:

¶8

(1). The applicant has been falsely implicated in the instant case.

¶9

(2). The applicant has been enlarged on bail in the two cases depicted in the gang chart. He is not a

¶10

member of any criminal gang.

¶11

(3). The applicant does not have any criminal history apart from the above said cases.

¶12

(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

¶13

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶14

Let the applicant- Sazid be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶15

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

¶16

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶17

Order Date :- 2.2.2023 Shafique

¶18

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Sazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashish Sharma Vs State of U.P. and 3 Others

Sanju Rajbhar Alias Sanjay Rajbhar Vs State of U.P.

Kamil Vs State of U.P.

Parmanand Vs State of U.P.

Sohail Khan Vs State of U.P.

Deepak Kumar Vs State of U.P.