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2023 Supreme(Online)(All) 23552
ALLAHABAD HIGH COURT
BILAL – Appellant
Versus
State – Respondent
BAIL/57922/2022
An accused person is entitled to bail under Section 2/3 of the Gangsters Act if they can show that they are not a member of a criminal gang and have been falsely implicated in the case.
Headnote:
BAIL - GANGSTERS ACT - [SECTION 2/3] - APPLICANT ENTITLED TO BAIL
Fact of the Case:
The applicant was arrested and charged under Sections 2/3 of the Gangsters Act. He was denied bail by the trial court. The applicant filed a bail application, arguing that he had been granted bail in two other criminal cases, was not a member of any criminal gang, and was falsely implicated in the instant case.
Finding of the Court:
The court found that the applicant had been granted bail in two other criminal cases, was not a member of any criminal gang, and was falsely implicated in the instant case. The court also noted that the applicant was not a flight risk and had promised to cooperate with the investigation and court proceedings.
Issues: Whether the applicant was entitled to bail under Section 2/3 of the Gangsters Act.
Ratio Decidendi: The court held that the applicant was entitled to bail because he had been granted bail in two other criminal cases, was not a member of any criminal gang, and was falsely implicated in the instant case. The court also noted that the applicant was not a flight risk and had promised to cooperate with the investigation and court proceedings.
Final Decision: The court allowed the applicant's bail application and ordered his release on bail.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57922
of 2022
Applicant :- Bilal
Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has
prayed to be enlarged on bail in Case Crime No.284 of
2022 at Police Station-Purkaji, District-Muzaffar Nagar
under Sections 2/3 of Gangsters Act. The applicant is in
jail since 23.11.2022.
The bail application of the applicant was rejected by the
learned trial court on 09.12.2022.
The following arguments made by Shri Mohd. Akshay
Saqlain, learned counsel holding brief of Shri Sushil
Kumar Pandey, learned counsel on behalf of the
applicant, which could not be satisfactorily refuted by
Shri Markandey Singh, learned AGA from the record,
entitle the applicant for grant of bail:
(1). The applicant has been enlarged on bail in the two
criminal cases depicted in the gang chart.
(2). He is not a member of any criminal gang.
(3). Explaining the criminal history of the applicant it
is contended that the applicant belongs to the
economically poor strata of the society and is a
convenient scapegoat for the police authorities. The
applicant has been falsely nominated in a number of
cases only to show the proficiency of the police
investigators. The said cases do not have any bearing on
the instant bail application.
(4). The applicant is not a flight risk. The applicant
being a law abiding citizen has always cooperated with
the investigation and undertakes to cooperate with the
court proceedings. There is no possibility of his
influencing witnesses, tampering with the evidence or
reoffending.
In the light of the preceding discussion and without
making any observations on the merits of the case, the
bail application is allowed.
Let the applicant- Bilal 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 below. The following
conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or
influence any witness during the trial.
(ii) The applicant will appear before the trial court on
the date fixed, unless personal presence is exempted.
Order Date :- 11.1.2023
Dhananjai
Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad
