Rafeeq v. State of U.P.
Case brief
What is this about?
This High Court allowed bail to the applicant in a Gangsters Act case. The court noted the applicant's cooperation, lack of flight risk, and bona fide reasons for trial absence, granting relief without addressing the merits.
What did the court decide?
Release on bail with personal bond and two sureties on furnishing conditions regarding witness tampering and court attendance.
What the court decided
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5122 of 2023
Applicant :- Rafeeq Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 689 of 2009 at Police Station-Noorpur, District-Bijnor under Section 3(1) of Gangsters Act. The applicant is in jail since 18.11.2022.
The bail application of the applicant was rejected by the learned trial court on 25.11.2022.
The following arguments made by Shri Saurabh Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant is a daily wager. He had gone in search of livelihood to Gujarat.
(2) He was not informed about the trial dates by the office of his counsel which led to his absence at the trial. His absence was due to bonafide reasons.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail under the Gangsters Act given his status as a daily wager, lack of flight risk, and co-operation with investigation.
Parties & counsel
- applicant
Rafeeq
Coram
Ajay Bhanot
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/5122/2023
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