Furkan v. State of U.P.
Case brief
What is this about?
The single judge dismissed the bail objection by the State and granted bail to the applicant under Section 439 Cr.P.C. in a case under the U.P. Gangsters Act, directing performance of personal and two surety bonds.
What did the court decide?
Release of applicant on bail upon furnishing personal bond and two sureties of equal amount on specified conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55629 of 2022
Applicant :- Furkan Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Second supplementary affidavit filed today is taken on record.
Heard Sri Shubham Jadaun, Advocate, holding brief of Sri Ankit Agrawal, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 887 of 2022, under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sikandrabad, District Bulandshahr during the pendency of the trial.
Learned counsel for the applicant submits that according to the gang chart, copy of which has been filed as annexure-2 to the affidavit, two cases are pending against the applicant. In the aforesaid cases the applicant has been enlarged on bail, copies of the bail orders are filed as annexures- 3 to the affidavit and SA-1 to the second supplementary affidavit. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in 8 other cases, in which also he has been enlarged on bail. The details of the said cases are given in Paragraph-2 of the second supplementary affidavit. The applicant is neither leader nor member of any gang and he has been falsely implicated in the instant case. The applicant is in jail since 30.09.2022 and in case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
3 issues framed by the court
Whether the applicant entitled to bail in a Gangster Act case pending trial.
Whether applicant sufficiently discharges apprehension of tampering with prosecution witnesses.
Whether bail conditions adequately safeguard state interest.
Parties & counsel
- applicant
Furkan
Coram
Vivek Varma
Shiva Kant Tiwari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/55629/2022
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