Special Judge rejected applicant Kaleem's bail application under UP Gangster Act. Court found merit, dismissed rejection order, and allowed bail with sureties and standard conditions regarding evidence tampering and witness influence.
Applicant Kaleem released on bail by furnishing a personal bond and two sureties with specific conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11470 of 2022
Applicant :- Kaleem Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0466 of 2021 at Police Station Fatehpur, District Saharanpur under Section 2/3 Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986. The applicant is in jail since 31.01.2022.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/Additional Sessions Judge, Saharanpur, on 04.02.2022.
Sri Rizwan Ullah Siddiqui, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the two criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.
Shri Rajesh Kumar Mishra, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Kaleem be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.4.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.04.29 11:01:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 pending before the Special Judge.
1 provisions across 1 enactments
Kaleem
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
