Allowed

Mohd. Ajaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC18 Oct 2022/11884/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench, allowed bail in an application under Section 44 of the Code of Criminal Procedure. The applicant was involved in a case under the Uttar Pradesh Gangsters and Anti-Social Activities Prevention Act.

What did the court decide?

Released on bail with a personal bond and two sureties subject to specific conditions regarding attendance and conduct.

Mohd. Ajaz Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11884 of 2022

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Applicant :- Mohd. Ajaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- S Malik E Ashtar Rizvi Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the record.

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Instant application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 199 of 2022, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Loni Katra, District Barabanki.

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Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant matter. He added that there is one case depicted in the gang chart against the applicant wherein he has been enlarged on bail. The bail order has been annexed along with this bail application and the same has also been explained in para 5 of the bail application. Apart from the case shown in the gang chart, there is one case previous criminal antecedent of the applicant, which has been specifically mentioned in para 6 of the bail application. He submits that he is law abiding citizen and he was never involved in committing the aforesaid offence. He further submits that the applicant is not a member or leader of any gang and he is languishing in jail since 19.09.2022. In case, the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid but could not dispute the fact that the present applicant has been enlarged on bail in one case shown in the gang chart and further he could not dispute the fact regarding any other criminal history against the present applicant except one case which has been mentioned in para 6 of the bail application.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative

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theory of punishment and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Mohd. Ajaz involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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) 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.; and

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(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 18.10.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.10.19 09:53:22 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Ajaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

Mohd. Ajaz v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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