Disposed

Usmaan v. State of U.P.

Allahabad HC20 Aug 2024CRLA/7753/2024

Case brief

AI extract

What is this about?

Appeal against conviction under the UP Gangsters Act along with a suspension of sentence application. The court admitted the appeal and, noting no misuse of bail during trial and likely delay in hearing, released the appellant on bail pending appeal, subject to depositing the fine within a month.

What did the court decide?

Appellant released on bail pending appeal on personal bond with two sureties; fine to be deposited within one month; appeal admitted and listed in due course.

Usmaan vs State of U.P. — Bail and Remand | Allahabad HC (2024)

¶1

Court No. - 82

¶2

Case :- CRIMINAL APPEAL No. - 7753 of 2024

¶3

Appellant :- Usmaan Respondent :- State of U.P. Counsel for Appellant :- Jainendra Kumar Pandey Counsel for Respondent :- G.A.

¶4

Hon'ble Nalin Kumar Srivastava,J.

¶5

Order on Appeal

¶6

The present criminal appeal u/s 374(2) Cr.P.C. has been preferred by the appellant - Usmaan against the judgement and order dated 05.2.2024 passed by learned Special Judge (Gangsters Act) / Additional Sessions Judge, Court No.5, Muzaffar Nagar in Special Sessions Trial No.228 B of 1998 (State Vs. Usmaan) arising out of Case Crime No.137 of 1997, under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kakrauli, District Muzaffarnagar.

¶7

Heard learned counsel for the appellant, learned AGA for the State and perused the material placed on record.

¶8

Admit.

¶9

Summon the lower court record.

¶10

List this appeal in due course before the appropriate Bench.

¶11

Order on Criminal Misc. Bail Application / Suspension of Sentence Application

¶12

This bail application / suspension of sentence application has been moved on behalf of the appellant-applicant Usmaan , who has been convicted and sentenced vide judgement and order dated 05.2.2024 passed by learned Special Judge (Gangsters Act) / Additional Sessions Judge, Court No.5, Muzaffar Nagar in Special Sessions Trial No.228 B of 1998 (State Vs. Usmaan) arising out of Case Crime No.137 of 1997, under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kakrauli, District Muzaffarnagar.

¶13

Heard learned Counsel for the appellant-applicant, learned A.G.A. for the State and perused the record.

¶14

By means of the bail application, the appellant-applicant seek suspension of sentence / grant of bail.

¶15

According to the prosecution story, the police lodged the F.I.R. on 22.11.1997 against the appellant in the aforesaid crime number alleging that the appellant is involved in anti-social activities and is an active member of a gang which indulged in earning money from illegal means.

¶16

It has been submitted by learned counsel for the appellantapplicant that the appellant is innocent and has falsely been implicated. It has been further submitted that the conviction and sentence imposed by the learned trial Judge is against the weight of evidence on record. The trial court has misread the evidence on record and convicted the appellant. The prosecution has not been able to prove its case beyond reasonable doubt. It has been further submitted that the appellant was on bail during trial and has not misused the liberty of bail. Maximum punishment awarded to the appellant is of 2 years. It is further submitted that in all the three cases shown against the appellant in the gang chart, he has been acquitted by the trial court. It is further submitted that the appellant never involved in any anti-social activities and he is not the member of any gang. It is further submitted that since there is no likelihood of early hearing of the appeal in near future, the appellant may be released on bail pending appeal. Besides the above submissions, learned counsel for the appellant has also tried to touch upon at length the circumstances which led to the false implication of accused - appellant.

¶17

On the other hand, learned AGA vehemently opposed the bail application and submitted that on the basis of cogent and ample evidence on record against the appellant, the conviction has been recorded by the learned trial court.

¶18

I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record including the impugned judgment.

¶19

Having regard to the facts and circumstances of the case, sentence awarded to the appellants, the evidence available on record and the findings recorded by the trial court thereon, appellant was on bail during trial but no instance of misuse of the bail has been brought to the notice of the Court and the fact that the appeal may take some time for its final disposal, without further commenting on the merits of the case, I am inclined to release the appellants-applicants on bail.

¶20

Let appellant-applicant Usmaan be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned.

¶21

On acceptance of bail bond and personal bonds, the trial court shall transmit photostat copies thereof to this Court for being kept on record.

¶22

However, the fine amount, as imposed by the trial Court, shall be deposited by the appellant-applicant within a period of one month from the date of his release.

¶23

Order Date :- 4.12.2024 ss

¶24

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Usmaan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usmaan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Km. Sushma vs State of Up and 6 Others

Akshan vs State of Up and 3 Others

Vishun Pratap Singh vs State of Up and 2 Others

Ram Awadh Ram and 2 Others vs K Ravindra Naik, Managing Director U.P. State Spinning Mills Ltd. Kanpur

Adarsh Kumar vs State of Up and 5 Others

Nagendra Kumar Siddhu vs State of U.P. and 4 Others