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BRIJ RAJ SINGH
Aftab – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. bail application details and applicant's claims. (Para 2 , 3 , 4) |
| 2. conditions for granting bail established. (Para 5 , 6) |
| 3. limited observations for this bail decision. (Para 7) |
JUDGMENT
Brij Raj Singh, J.
Heard learned counsel for the applicant, Sri Diwakar Singh, learned A.G.A. for the State and perused record.
2. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.328 of 2023 under Section 2 /3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, PS Imiliya Sultanpur, district Sitapur.
3. Learned counsel for the applicant has submitted that on the basis of single case, gang chart has been prepared against the applicant. He has submitted that in the said case, the applicant has been granted bail copy of which have been annexed as Annexure No.3 to the bail application. He has explained criminal history of the applicant of two cases. He has submitted that in one case, the applicant has been granted bail and in another case he has been acquitted. The said fact has been stated in para-29 of the bail application. He has further submitted that the applicant shall not abscond and will fully coo
The court ruled that an applicant is entitled to bail under the Gangsters Act if they comply with statutory conditions and there is no substantial evidence of guilt, and relevant conditions were impo....
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 court established that a single FIR and prior bail can be sufficient grounds for granting bail, provided the applicant agrees to comply with conditions aimed at ensuring accountability during the....
Bail granted with conditions - Gangsters - Enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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....
Bail granted - Applicant will not make any attempt to tamper with prosecution evidence in any manner whatsoever - Applicant will personally appear on each and every date fixed in court below and his ....
The court emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
Gangsters - Bail granted - Failure by person released on bail or bond to appear in Court - Enlarged on bail on his executing a personal bond and two sureties each in like amount to satisfaction of co....
Vague allegations in an F.I.R. under the Gangsters Act do not justify denial of bail; reasonable grounds for believing the applicant is not guilty warrant bail.
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