Allowed

Sohail Khan v. State of U.P.

Allahabad HC2 Feb 2023BAIL/53498/2022

Case brief

AI extract

What is this about?

An application for bail in a case under Sections 2/3 of the Gangsters Act was allowed. The High Court dismissed the bail application as unnecessary since the arguments made had not been satisfactorily refuted, and the applicant was not a flight risk.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties subject to conditions against tampering and absence.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53498 of 2022

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Applicant :- Sohail Khan Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.296 of 2022 at Police Station-Ramchandra Mission, District-Shahjahanpur under Sections 2/3 of Gangsters Act. The applicant is in jail since 14.07.2022.

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The bail application of the applicant was rejected by the learned trial court on 30.07.2022.

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The following arguments made by Shri Sunil Kumar Srivastava, 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:

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(1). The applicant has been enlarged on bail in the six criminal cases depicted in the gang chart.

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(2). He is not a member of any criminal gang.

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(3). The applicant has explained his criminal history. It is also contended that the applicant

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belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(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.

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

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Let the applicant- Sohail Khan 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:-

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

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(ii) The applicant will appear before the trial court

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on the date fixed, unless personal presence is exempted.

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Order Date :- 2.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Sohail Khan v. State of U.P.

Case brief

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Sohail Khan v. State of U.P.

Case brief

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