The court allowed bail to Mohd. Shakib Khan, an applicant charged under the U.P. Gangster and Anti Social Activities Act, pending his trial.
Release on bail executing personal bond and two sureties subject to conditions of trial attendance, no witness tampering, and no illegal activities.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49576 of 2020
Applicant :- Mohd. Shakib Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.191 of 2020, under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kalyanpur, district Fatehpur and is in jail since 27.08.2020, is seeking enlargement on bail during the trial.
An first information report dated 12.11.2020 was lodged under section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 alleging that the applicant alongwith others formed a gang and have committed various offences.
Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in one other criminal case mentioned in gang chart, copy whereof has been annexed on page no.18 of the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in the criminal cases shown against him in the gang chart. Copy of the bail order has been annexed on page no.21 of the affidavit accompanying this application, hence the applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in the case mentioned against him in the gang chart.
Keeping in view, the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Mohd. Shakib Khan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with 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.
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.
Order Date :- 5.1.2021
R./
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial under the U.P. Gangster and Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Mohd. Shakib Khan
State of U.P.
Ajit Singh
As recorded by the court registry
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