This court granted bail to Akash in Criminal Misc. Bail Application No. 7806 of 2023, filed under the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The court acknowledged arguments of false implication and lack of gang membership without examining case merits.
Released on bail by furnishing a personal bond and two sureties in like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7806 of 2023 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 380 of 2022 at Police Station- Rampur Maniharan, DistrictSaharanpur under Section 2/3 of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 17.01.2023.
The bail application of the applicant was rejected by the learned trial court on 25.01.2023.
The following arguments made by Shri Chandra Shekhar Kushwaha, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agarwal, learned AGA from the record, entitle the applicant for grant of bail:
(1). The applicant has been falsely implicated in the instant case.
(2). The applicant has been enlarged on bail
in the four criminal cases depicted in the gang chart. He is not a member of any criminal gang.
(3). The applicant does not have any criminal history apart from this case.
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- Akash 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 :- 17.2.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant deserves bail in a case under the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986?
1 provisions across 1 enactments
Akash
Ajay Bhanot,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
