Allowed

Aszad and Another v. State of U.P.

Allahabad HC18 Feb 2021BAIL/9099/2021

Case brief

AI extract

What is this about?

Hearing a bail application under the U.P. Gangster Act where applicants were in jail since January 2021. The court, considering the offense nature and citing Data Ram case, granted bail subject to personal bond and sureties with conditions against tampering and illegal activities.

What did the court decide?

Applicants Aszad and Alam released on bail on executing personal bond and furnishing two sureties each.

Aszad and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9099 of 2021

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Applicant :- Aszad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.

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

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By means of this application, the applicants who are involved in Case Crime No. 590 of 2020, under Section 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, P.S. Fatehpur, district-Saharanpur and are in jail since 8.1.2021, are seeking enlargement on bail during the trial.

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Learned counsel for the applicants in support of his prayer for bail submits that the applicants are absolutely innocent and have been falsely implicated in the present case on the basis of his involvement in two other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the two criminal cases shown against him in the gang chart. Copies of the bail orders which have been collectively annexed as Annexure-SA2 to the supplementary affidavit, hence the applicants are entitled to be enlarged on bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicants have been granted bail in all the two cases mentioned against him in the gang chart.

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Keeping in view the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.

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Let the applicants, Aszad and Alam be released on bail in the aforesaid case on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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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 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.

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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 :- 18.2.2021 Faridul

Aszad and Another v. State of U.P.

Case brief

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Aszad and Another v. State of U.P.

Case brief

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