In a bail application under the U.P. Gangster Act, the Allahabad High Court observed that the applicant, acquitted in the only preceding case forming the basis for his gangster status, is not detained and ordered his release on bail.
Released on bail on furnishing a personal bond and two sureties subject to standard conditions of bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:229486
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50765 of 2023
Applicant :- Maneesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
i. The applicant will not tamper with the evidence during the trial.
ii. The applicant will not pressurize/intimidate the prosecution witness.
iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
vi. The applicant shall not leave India without the previous permission of the Court.
vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
Order Date :- 4.12.2023 S.Prakash
Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant qualifies as a gangster under the U.P. Gangster Act given acquittal in the antecedent case forming the basis of the current charge.
Whether the applicant is entitled to bail before the trial court.
Whether the initiation of proceedings under the Gangster Act requires the applicant to be detained in custody.
1 provisions across 1 enactments
Maneesh Kumar
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
