Allowed

Mohammad Faheem v. State of U.P.

Allahabad HC5 Jan 2021BAIL/49286/2020

Case brief

AI extract

What is this about?

This order grants bail to the applicant charged under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The court held that a prima facie case for bail is made out at this stage without expressing an opinion on merits and imposed standard conditions for appearance and conduct.

What did the court decide?

Bail granted on personal bond and two local sureties subject to conditions of attendance, no adjournment, and undertaking against misconduct.

Mohammad Faheem Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49286 of 2020

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Applicant :- Mohammad Faheem Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 1090 of 2020, under Section 2/3 of Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station - Kotwali Nagar, District - Bulandshahar with the prayer to enlarge the applicant on bail.

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The learned counsel for applicant has submitted that the applicant has been falsely implicated under Section 2/3 of Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986 only on the basis of four cases shown in the gang chart out of which two cases are under the Excise Act and two are of theft, which does not show that the applicant has formed any gang or was a member of any gang . It is also submitted that the accused applicant has been granted bail in the two cases of the Excise Act and in one case of the theft, his bail orders are annexed page No. 15 onward of the affidavit filed in support of this bail application. It is further argued that the applicant is in jail since 26.08.2020 and that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Mohammad Faheem involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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(2). 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;

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(3). In case, the applicant misuses the liberty of bail and in order to secure

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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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 5.1.2021 LBY

Mohammad Faheem v. State of U.P.

Case brief

What is this about?

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Mohammad Faheem v. State of U.P.

Case brief

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