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ATTAU RAHMAN MASOODI
Maksood Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ATTAU RAHMAN MASOODI, J.
1. Heard learned counsel for the accused-applicant and learned A.G.A. for the State.
2. This bail application has been filed by the accused-applicant Maksood Ahmad who is involved in Case Crime No. 85 of 2020 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at Police Station Raniganj District Pratapgarh.
3. There is only one case shown against the accused-applicant in the gang-chart wherein he is already on bail. It is submitted that the accused applicant has not indulged into any anti social activity after the date of release nor was he apprehended in the commission of any offence alongwith the alleged gang members mentioned in the gang chart. Co-accused persons namely Israt, Jauwad and Rohit Yadav @ Chhotu have already been granted bail by this Court vide orders dated 4.9.2020, 12.1.2021 and 30.11.2021 passed in Bail Nos. 6212 of 2020, 6903 of 2020 and 12795 of 2021 respectively.
4. It is also submitted that the applicant has not misused the liberty of bail granted to him and the imposition of Gangster Act is without any plausible justification.
5. The accused applicant has assured that he shall co-operate with the p
The court's decision was based on the lack of evidence of involvement in anti-social activities and the assurance of cooperation with the proceedings.
The court established that prior bail grants in related cases and the absence of flight risk or witness tampering are significant factors in determining eligibility for bail under the Uttar Pradesh G....
The court emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
Bail granted - Failure by person released on bail or bond to appear in Court - There is no possibility of applicant of fleeing away from judicial custody or tampering with the witnesses - Applicant i....
The main legal point established in the judgment is that the mere pendency of a criminal case may not automatically invoke the provisions of the U.P. Gangster and Anti Social Activities (Prevention) ....
Grant of Bail - There is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or he will not appear before the Court below.
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