Court allowed bail application under U.P. Gangsters Act. Applicant granted bail on personal bond and two sureties with standard conditions against tampering and witness influence.
Released on bail by furnishing personal bond and two sureties with conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12851 of 2022
Applicant :- Mohd Alam @ Sharbad Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar,Maohammd Nadeem 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. 269 of 2021 at Police Station Kishni District Mainpuri under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 30.06.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (Gangster Act), Mainpuri, on 03.08.2021.
Shri Mohd. Nadeem, 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 solitary criminal case depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the above said case. Lastly it is submitted by learned counsel for applicants that the applicants shall not abscond, and will cooperate in the criminal law proceedings. The applicant shall not tamper with the
evidence nor influence the witnesses in any manner.
Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from the above case.
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- Mohd Alam @ Sharbad 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 :- 1.4.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.04.04 12:00:58 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in the undertrial proceedings.
What conditions should be imposed on bail grant in interest of justice.
Mohd Alam @ Sharbad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
