Mahtab vs State Of U.P.
2016 Latest Caselaw 4988 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24659 of 2016
 

 
Applicant :- Mahtab
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mohd. Akbar Shah Alam Kha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is on bail in cases shown in the gang chart. The applicant has been falsely implicated in the present case. There is no reliable evidence against him. He is languishing in jail since 5.5.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Mahtab involved in Case Crime No. 331 of 2016, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Khatauli, District Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 8.8.2016

Sachdeva