Released the applicant on bail in a case under the U.P. Gangster Act by furnishing a personal bond and two local sureties, subject to conditions regarding presence in court and non-interference with witnesses.
Released on bail on personal bond and two local sureties subject to conditions of presence, non-tampering, and prosecution cooperation.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11050 of 2021
Applicant :- Naseer @ Babli Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 410 of 2020, under Section 2/3 U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Pahasu, Distrcit Bulandshahr.
Learned counsel for the applicant submits that as per gang chart one case is registered against the applicant in which he has been enlarged on bail from the court below. Apart from the case registered in gang chart the applicant has criminal history of 03 cases in which he has been enlarged on bail by the court below which has been explained in para 7, 8 and 9 of the affidavit filed in support of bail application and para 2 of the supplementary affidavit. He further submits that co-accused Jabir @ Javed has been enlarged on bail in Criminal Misc. Bail Application No.12903 of 2021 vide order dated 18.03.2021 and in one case he has been released on bail from the court of CJM. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 01.02.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant has criminal history of two more cases apart from gang chart, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, enlargement of co-accused Jabir @ Javed on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Naseer @ Babli 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 14.7.2021 MAA/-
1 issue framed by the court
Whether the applicant is entitled to enlarge on bail in a case under the U.P. Gangster Act.
5 provisions across 3 enactments
Naseer @ Babli
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
