Ayub vs State Of U.P.
2022 Latest Caselaw 2223 ALL

Citation : 2022 Latest Caselaw 2223 ALL
Judgement Date : 6 May, 2022

Allahabad High Court

Ayub vs State Of U.P. on 6 May, 2022

Bench: Ajai Tyagi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 90
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17836 of 2022
 

 
Applicant :- Ayub
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Phool Chandra Saroj,Chandra Prakash Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Tyagi,J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.267 of 2021, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station New Agra, District Agra during the pendency of trial.

It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one criminal case in which he has already been acquitted by the court concerned and the copy of the judgment is on record. Apart from it, applicant has criminal history of other cases, in which no specific accusation is made against the applicant. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are languishing in jail since 14.09.2021.

Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants is a member of gang and habitual of committing crime.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Ayub 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 concerned.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

Order Date :- 6.5.2022

P.S.Parihar