Naseem v. State of U.P.
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C., the single judge allowed the bail of Naseem accused under the U.P. Gangsters Act, imposing personal bond and two sureties on standard conditions.
What did the court decide?
Released on bail with personal bond and two sureties, subject to conditions against tampering with evidence and appearing in court.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57942 of 2022
Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and 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. 461 of 2022 under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Bilari, District- Moradabad, 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. It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in two other cases, in which also he has been enlarged on bail. The details of the said cases are given in para 7 of the 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 26.09.2022 and 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 bail under Section 439 Cr.P.C. in a case under the U.P. Gangsters Act.
Parties & counsel
- applicant
Naseem
- 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/57942/2022
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