In Criminal Misc. Bail Application No. 59136 of 2022, the Allahabad High Court allowed the bail application of Akil, a repeat offender under the U.P. Gangster and Anti-social Activities Act. The court relied on submitted arguments without observing on merits.
The applicant is released on bail by furnishing a personal bond and two sureties with specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59136 of 2022 Applicant :- Akil Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed by the applicant is taken in the record.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.0392 of 2022 at Police Station-Khurja Dehat, District-Bulandshahr under Section 2/3 of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 28.08.2022.
The bail application of the applicant was rejected by learned trial court on 06.12.2022.
The following arguments made by Shri Wahid Jamal, learned counsel holding brief of Shri Pushpendra Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned A.G.A. from the record, entitle the applicant for grant of bail:
(1). The applicant has been enlarged on bail in the five criminal cases depicted in the gang chart. (2). He is not a member of any criminal gang.
(3). The applicant has explained his criminal history. It is contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The
applicant has been falsely repeatedly nominated in an unnamed F.I.Rs. only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(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.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Akil 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 17.1.2023/Ashish Tripathi
Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case under the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986.
Whether the applicant's criminal history and economic status preclude the grant of bail.
1 provisions across 1 enactments
Akil
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
