Facts of the Case

The applicant, Mukeem, had earlier been granted bail in a case registered as FIR/Case Crime No.23 of 2009, GST (Sessions Trial) No.204 of 2010, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, at Police Station Akrabad, District Aligarh. He subsequently failed to appear before the trial court due to a personal difficulty, was declared an absconder, and had been in custody since 13.09.2022. He filed this bail application undertaking to cooperate with the trial going forward.

Issues Involved

  1. Whether the applicant, having previously absconded, should be granted fresh bail on his undertaking to cooperate with the trial.

Petitioner's Arguments

  • He could not appear before the trial court due to personal difficulty (not wilful default) and undertook to cooperate with the trial if released on bail again.

Respondent's Arguments

  • The learned AGA vehemently opposed the bail prayer, presumably citing the applicant's earlier abscondence.

Court Order / Findings

  • Considering the applicant's undertaking to cooperate and the period already spent in custody since 13.09.2022, and expressly without expressing any opinion on the merits of the underlying gangster-activity case, the Court allowed the bail application, directing release on personal bonds and two fresh sureties of Rs.25,000 each, subject to standard conditions (attend hearings, not commit similar offences, not tamper with evidence or witnesses).

Important Clarification

This case has nothing to do with the Goods and Services Tax. "GST No.204 of 2010" in the case papers refers to the Sessions Trial case number under the U.P. Gangsters Act, not to a Goods and Services Tax matter -- the coincidental use of the abbreviation "GST" in the court's internal case-numbering convention is the only connection. This post is included only because the original filename was flagged as a possible GST-related PDF during triage; readers should treat this purely as a criminal bail order.

Sections Involved

  • U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Sections 2 and 3

Decision – In Favour of

Applicant (Mukeem) – bail was granted, without any opinion expressed on the merits of the underlying criminal case.

Case Details

Court: High Court of Judicature at Allahabad
Case Number: Criminal Misc. Bail Application No. 26310 of 2023 (arising from FIR/Case Crime No. 23 of 2009, GST No. 204 of 2010)
Coram: Justice Pankaj Bhatia
Date of Order: 25 July 2023

Link to Download the Order

Click here to view/download the full order

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