Allowed

Aman v. State of U.P.

Allahabad HC16 Jan 2023BAIL/58948/2022

Case brief

AI extract

What is this about?

Dismissed bail application against under Sections 2 and 3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 on grounds of false implication and economic incapacity, balancing inability to trace criminal history with risk concerns.

What did the court decide?

Released on bail furnished a personal bond: and 2 sureties. Each. Bond conditions:-Not to tamper with evidence or influence any witness:-Appear before the trial court on the date fixed.

Aman 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. - 58948 of 2022

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Applicant :- Aman Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra,Amlesh Kumar Yadav 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.186 of 2022 at Police Station-Ahmadgarh, DistrictBulandshahr under Sections 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant is in jail since 02.09.2022.

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The bail application of the applicant was rejected by the learned trial court on 29.09.2022.

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The following arguments made by Shri Amlesh Kumar Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in the instant case.

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(2). The applicant has been enlarged on bail in the three criminal cases depicted in the gang chart. He is not a member of any criminal gang.

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(3). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with

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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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Shri Markandey Singh, learned AGA points out that the applicant has some additional criminal cases pending against him.

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Rejoining the issue and relying on the instructions received by the learned A.G.A., Shri Amlesh Kumar Yadav, learned counsel for the applicant contends that the applicant is a financially destitute person and has virtually no pairokar to search out the details of his criminal history. But having perused the said history from records of the AGA and on the basis of instructions submits that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities. The police authorities falsely implicated him in the aforesaid cases to show the proficiency of the police investigators. The criminal cases do not have any bearing on the instant case.

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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- Aman be released on bail in the aforesaid case crime number, on furnishing a personal

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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 on the date fixed, unless personal presence is exempted.

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Order Date :- 16.1.2023 A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Aman v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman v. State of U.P.

Case brief

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What did the court decide?

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