Allowed

Irfan and 6 Others v. State of U.P.

Allahabad HC12 Mar 2019BAIL/6265/2019

Case brief

AI extract

What is this about?

The Court granted bail to seven applicants under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, subject to strict conditions regarding court appearance and the undertaking to file necessary documents.

What did the court decide?

Release on bail by executing personal bond with two sureties each, subject to conditions regarding court attendance and no adjournments during evidence.

Irfan and 6 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6265 of 2019

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Applicant :- Irfan And 6 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh,Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by Shri Amit Rai, learned counsel for the applicant are taken on record. Heard learned counsel for the applicants and learned A.G.A. for the State and also perused the record.

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It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and they have committed no offence. It has been next contended that only two cases against the applicant nos.1 and 2 and one case against the applicant nos.3 to 7 have been shown in the Gang Chart annexed as Annexure-2 page 4 to the bail application and they are on bail in these cases, which has been properly explained in paragraph no. 4 & 5 of the affidavit filed in support of the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 16.1.2019.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory

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of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicants are entitled to be released on bail.

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Keeping in view the nature of submissions advanced and the provisions of Section 19 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, let the applicants- Irfan, Aslam, Usman, Mohkim alias Mukeem, Hazi Ezaz, Ahsan and Tasleem alias Zunaid involved in Case Crime No.294 of 2018, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police StationDilari, District Moradabad be enlarged on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:-

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(i) The applicants 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.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 applicants 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 them in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 12.3.2019 Rk

Irfan and 6 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irfan and 6 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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