In a bail application under the Uttar Pradesh Gangsters and Anti Social Activities Act, 1986, the applicant claiming false implication and lack of gang history was granted bail by the High Court, imposing standard conditions.
Applicant released on bail with personal bond and two sureties in the like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14429 of 2022
Applicant :- Shamsad Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan 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. 93 of 2022 at Police Station Behat, District Saharanpur under Section 2/3 Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986. The applicant is in jail since 08.03.2022.
The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/Additional Sessions Judge, Saharanpur on 14.03.2022.
Sri A.Z. Khan, 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 instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Ashutosh Pandey, 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- Shamsad 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 :- 7.4.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.04.08 11:16:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under the Uttar Pradesh Gangsters and Anti Social Activities Act.
1 provisions across 1 enactments
Shamsad
Ajay Bhanot
Pravin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
