IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Shree Prakash Singh,J.
Amit Kumar Dixit – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Supplementary Affidavit filed today on behalf of the applicant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. Instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No. 01 of 2025, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter, referred to as 'Act 1986') Police Station-Kotwali Dehat, District-Sitapur.
4. It is contended by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the instant matter. He submits that one case has been shown in the gang chart against the applicant, in which he has been enlarged on bail. Except apart this case, there are other six cases criminal history of the applicant, which has been explained.
5. It is further submitted that the allegations for disturbing the public order and gaining undue temporal, pecuniary, material or other advantage against the applicant, are vague and concocted. Further submitted that narration of the first information report, transpires that the a
The court granted bail, emphasizing the importance of individual rights and the presumption of innocence under the U.P. Gangsters and Anti Social Activities Act, 1986.
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 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....
The court granted bail based on the applicant's lack of prior criminal history and insufficient evidence against him, emphasizing the rights under Article 21.
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....
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 under the U.P. Gangster Act requires proof of non-guilt and assurance against re-offending; extensive criminal history negates bail eligibility.
Failure by person released on bail or bond to appear in Court - Bail granted - Enlarged on bail on his executing a personal bond and two sureties each in the like amount to satisfaction of court conc....
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) ....
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