Court allowed bail to the applicant in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, subject to strict conditions regarding his appearance and conduct during the trial.
Release of the applicant on bail on personal bond and two local sureties subject to specific conditions regarding appearance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45700 of 2019
Applicant :- Nisar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pankaj Kumar, learned counsel for the applicant, Sri Ashwini Kumar Yadav, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Nisar Ahmad with a prayer to enlarge him on bail in Case Crime No.2099 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sahibabad, District Ghaziabad.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart two cases are shown against the accused applicant, in which the applicant has already been granted bail. Copy of bail orders are annexed as Annexures 3 and 4 of the affidavit filed in support of bail application. It is next contended that apart from the cases, mentioned in the gang chart, the applicant has no criminal history. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 05.09.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer of the applicant, but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention Act), material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of
the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 1.11.2019 Anand Sri./-
3 issues framed by the court
Whether the applicant is entitled to bail pending trial under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
What conditions should be imposed on the applicant regarding his appearance and conduct during the trial.
Under what circumstances the applicant can be proceeded against for abusing the liberty of bail.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherDistinguished¶9
(2018) 3 SCC 22 · Who else cites this
5 provisions across 3 enactments
Nisar Ahmad
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Manju Rani Chauhan
Parties & counsel
