Allahabad High Court
State Of U.P. (Minor B.C.) vs Aslam And 5 Ors. on 6 April, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 1. Case :- BAIL No. - 1905 of 2021 Applicant :- State Of U.P. (Minor B.C.) Opposite Party :- Aslam And 5 Ors. Counsel for Applicant :- G.A. Counsel for Opposite Party :- Mohammad Imaran,Mohd.Saulat Wasim,Nishank Rastogi,R.A. Khan,R.A.Khan,Saleem Ahmad Khan 2. Case :- BAIL No. - 1906 of 2021 Applicant :- State Of U.P. (Minor B.C.) Opposite Party :- Mohd. Tahir Counsel for Applicant :- G.A. Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the parties and perused the entire record.
2. These applications under Section 439(2) CrPC have been filed on behalf of the State for cancellation of bail granted to respondents-accused vide orders dated 7th December, 2020 and 18th November, 2020 respectively passed by the learned Additional Sessions Judge-5/Special Judge, Gangsters Act, Lucknow in relation to Crime/FIR No.0133 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act lodged at Police Station Thakurganj, District Lucknow.
3. Considerations for cancellation of bail are different than the considerations for grant of bail. There is nothing on record to suggest that the respondents-accused have misused the liberty of bail granted to them. The learned trial Court, while exercising its discretion under Section 439 CrPC, has granted bail the respondents-accused.
4. Considering the above, including the fact that there is no criminal history of the respondents-accused, I do not find any reason to interfere with the order impugned, granting bail to the respondents-accused. Thus, both the applications are hereby rejected.
[D.K. Singh, J.] Order Date :- 6.4.2021MVS/-