The applicant moved for bail in a crime under the U.P. Gangster and Anti Social Activities Act. The court, keeping in mind the nature of accusations and interest of the State, held it to be a fit case for bail and released the applicant on personal bond and sureties subject to conditions.
Released on bail furnished by personal bond and two reliable sureties.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16179 of 2021
Applicant :- Mahtab Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Mobin Ansari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant, Mahtab Ahmad, who is involved in Case Crime No. 614 of 2020, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Ghoorpur, DistrictPrayagraj.
Learned counsel for the applicant has submitted that in the gang chart one case has been shown against the applicant and in that case applicant is on bail. Copy of the bail order have been annexed as Annexure- 4 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure- 2 to the affidavit. The accused-applicant is in jail since 04.01.2021 as averred in para 11 of the affidavit filed in support of bail application.
Learned A.G.A. has opposed the prayer for bail.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Mahtab Ahmad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 PS
1 issue framed by the court
Whether the bail application under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 is fit for grant of bail.
Mahtab Ahmad
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
