Imamuddin Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Imamuddin Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Imamuddin to be released on bail in Case Crime No.36 of 2022 under section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence or intimidation of witnesses, sincere cooperation in trial without adjournments, no criminal activity after release), with interim enlargement on personal bond without sureties till normal functioning of the courts is restored and sureties to be furnished within a month thereafter.

Issue for consideration

Whether the applicant Imamuddin, arraigned in Case Crime No.36 of 2022 under section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mishrauliya, District Siddharth Nagar, is entitled to be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, nature of offence, evidence and complicity of the accused, and without expressing any opinion on the merits, and keeping in view the mandate laid down in Dataram Singh v. State of U.P., (2018) 3 SCC 22, the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before issuance of the release order.

Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating or pressurising witnesses, shall cooperate in the trial sincerely without seeking adjournment, and shall not indulge in any criminal activity after release; till normal functioning of the courts is restored the applicant is to be enlarged on a personal bond without sureties, with sureties to be furnished within a month after normal functioning is restored; breach of any condition shall be a ground for cancellation of bail.ratio¶15

Detailed headnote1 paragraphs

Bail — Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, S. 3(1) — applicant in Case Crime No.36 of 2022, P.S. Mishrauliya, District Siddharth Nagar, in jail since 10.01.2022; per gang chart involved in one case in which already enlarged on bail by the court below; not a previous convict; trial unlikely to conclude soon — Allahabad High Court (Deepak Verma, J.), relying on the mandate in Dataram Singh v. State of U.P., (2018) 3 SCC 22, and without expressing any opinion on merits, held that the applicant had made out a case for bail and allowed the application, directing release on a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence/non-intimidation of witnesses, sincere cooperation in trial without adjournments and abstention from criminal activity; pending restoration of normal court functioning, enlargement on personal bond without sureties with sureties within a month thereafter; breach of conditions to be a ground for cancellation of bail.

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15183 of 2022

Applicant :- Imamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Adarsh Pratap Rao Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A.

The instant bail application has been filed on behalf of the applicant Imamuddin, with a prayer to release him in Case Crime No.36 of 2022, under section 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mishrauliya, District Siddharth Nagar during pendency of the trial.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by the court below, copy of the bail order is annexed as Annexure-3 to the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is in jail since 10.01.2022 and in case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Imamuddin , who is involved in Case Crime No.36 of 2022, under section 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mishrauliya, District Siddharth Nagar, 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

subject to following conditions. Further, before issuing the release order, the sureties be verified.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 11.4.2022 SKD

Digitally signed by SURJIT KUMAR DEY Date: 2022.04.12 13:25:59 IST Reason: Location: High Court of Judicature at Allahabad