Danish v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad granted bail to the applicant in an appeal under the U.P. Gangster Act. The Court held the applicant entitled to bail without examining merits and imposed standard conditions.
What did the court decide?
Granted bail on personal bond and two sureties on conditions: not to tamper with evidence, not to pressure witnesses, and to appear in court.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57436 of 2022
Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned Counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 421 of 2022, under Section 2/3 of U.P. Gangster @ Anti Social Activities (Prevention) Act, 1986, Police StationBarkheda, District- Pilibhit.
It is contended that according to the gang chart three cases have been shown against the applicant and in the said cases he has been granted bail by the courts concerned, copy of bail orders are collectively annexed as Annexure-3 to the affidavit. Apart from the aforesaid cases the applicant is involved in two other cases and in the said cases also he has been enlarged on bail, photocopy of bail orders have been annexed as Annexure-5 to the affidavit. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 31.08.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to be released on bail.
Parties & counsel
- applicant
Danish
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/57436/2022
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