Allowed

Aas Mohammad and Another v. State of U.P.

Allahabad HC3 Nov 2020BAIL/16272/2020

Case brief

AI extract

What is this about?

The High Court granted bail to two applicants accused under the U.P. Gangster Act, referencing a Supreme Court mandate while emphasizing conditions regarding non-interference with witnesses and strict compliance.

What did the court decide?

Release of applicants on bail with personal bond and two sureties, subject to specific conditions regarding witness tampering, trial conduct, and verification of the order.

Aas Mohammad and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16272 of 2020

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Applicant :- Aas Mohammad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Lal Prabhakar Singh,Phool Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicants, Aas Mohammad and Chand Mohammad , with a prayer to release them on bail in Case Crime No. 177 of 2020, under Sections 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Didauli, District- Amroha, during pendency of trial.

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The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that in the cases, shown in the gang chart, which have been made the basis to impose the provisions of Gangster Act against the applicants, they have already been granted bail by the Court. Submission is that the applicants are not gangsters and have never acted or conducted themselves as such. Counsel for the applicants has also tried to justify the alleged previous offences which are said to have been committed by the applicants. Further submission is that as the applicants have already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicants. 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 and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It has also been submitted that the applicants are languishing in jail since 13.4.2020.

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Learned AGA for the State has vehemently opposed the prayer for bail.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicants,

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involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short-term bail comes to an end.

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The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.11.2020

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Vandana

Aas Mohammad and Another v. State of U.P.

Case brief

What is this about?

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Aas Mohammad and Another v. State of U.P.

Case brief

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