The Single Judge allowed bail to an applicant in a case under the U.P. Gangster Act, noting his prior bail in linked gang-chart cases, imposing a personal bond of Rs.1,00,000/- with conditions without adjudging the guilt.
Released on bail upon furnishing a personal bond of Rs.1,00,000/- with two sureties of the same amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12282 of 2020
Applicant :- Shahjeb Opposite Party :- State of U.P. Counsel for Applicant :- Sayeed Saif Ullah,A.Z.Khan,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant and Shri Janardan Prakash, learned AGA appearing for the State.
This is the second bail application, which has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 249 of 2019, under Sections 2/3 of U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986, Police Station Biharigarh, District Saharanpur during the pendency of the trial before the court below.
Initially, the Criminal Misc. Bail Application No.4898 of 2020 was filed which was rejected by the order of the Court dated 3 February 2020 on the ground that the bail order in respect of Case Crime No.286 of 2019, which case was also mentioned in the gang-chart alongwith Case Crime No.149 of 2019, was not enclosed with the application.
Learned counsel for the applicant has drawn the attention of the Court to page no.15 of the paper-book to show that the applicant has been enlarged on bail in Case Crime No.286 of 2019 by means of the order dated 24 February 2020.
The FIR dated 15 October 2019 was lodged against the applicant and another alleging offences under the Gangsters Act.
The contention of the learned counsel for the applicant is that the applicant is an innocent person, who has been falsely implicated in the case, and that other than the aforesaid cases, the applicant has no previous criminal history except the present one. It is further contended that the applicant is neither a leader nor a member of any gang and his name has wrongly been mentioned in the gang-chart.
A perusal of the gang-chart appearing on page no.26 of the affidavit reflects two criminal cases against the name of the applicant, being Case Crime Nos.249 of 2019 and 286 of 2019 and in both the cases the applicant has been enlarged on bail.
Learned AGA, on the basis of instructions, has opposed the prayer for bail, but could not dispute the fact that the applicant has been enlarged on bail in the aforesaid two cases reflected against his name in the gang-chart and that other than the aforesaid cases, there is no other criminal history of the applicant.
Considering the facts and circumstances and without entering into the merits of the case at this stage, this appears to be a fit case for bail. The bail application is, accordingly, allowed .
Let the applicant-Shahjeb son of Shri Khurshid, be released on bail in the aforesaid case on his furnishing a personal bond of Rs.1,00,000/- with two sureties each of the same amount to the satisfaction of the court below with the following additional conditions which are being imposed in the interest of justice :-
the investigation or trial;
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The court below shall also verify that none of the sureties are sureties for any other accused person in any other case.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.8.2020 SK
(Jayant Banerji, J.)
2 issues framed by the court
Whether the applicant is a fit case for bail under Section 2/3 of U.P. Gangster Act and Anti-Social Activities (Prevention) Act, 1986 considering his enlarged bail in preceding linked cases.
Whether the observations in this order will affect the ultimate merits of the case.
Shahjeb
State of U.P.
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
