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

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

What the court decided

AI extract

Outcome

Applicant Adil to 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, subject to conditions: no tampering with evidence, no influencing witnesses, appearance before the trial court on dates fixed unless exempted, and no inducement, threat or promise to any person acquainted with the facts; in case of breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Adil is entitled to be enlarged on bail in Case Crime No. 613 of 2020, Police Station Sikandrabad, District Bulandshahr, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act.

Court's answer

The applicant is entitled to be enlarged on bail; the court found merit in counsel's submissions that the applicant was falsely implicated, had been enlarged on bail in the solitary case depicted in the gang chart, and had no criminal history apart from that case, which the State did not dispute.

Ratio / Principle

The bail application is allowed without making any observations on the merits of the case.

Detailed headnote1 paragraphs

Bail granted — U.P. Gangsters and Anti Social Activities (Prevention) Act, Ss. 2/3 — Allahabad High Court (Ajay Bhanot, J.) allowed Criminal Misc. Bail Application No. 15894 of 2022 filed by Adil, in custody since 21.08.2021 in Case Crime No. 613 of 2020, P.S. Sikandrabad, District Bulandshahr; his earlier bail application had been rejected by the Additional Sessions Judge/Special Judge (Gangster Act), Bulandshahr on 22.01.2021. Counsel contended the applicant was falsely implicated, stood enlarged on bail in the solitary case depicted in the gang chart, and had no other criminal history; the learned A.G.A. did not dispute this. Holding the applicant entitled to bail, the Court directed release on a personal bond and two sureties each in the like amount, imposed conditions against tampering with evidence and influencing witnesses, and made no observations on the merits.

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15894 of 2022

Applicant :- Adil Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra 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.613 of 2020 at Police Station -Sikandrabad DistrictBulandshahr under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 21.08.2021.

The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge (Gangster Act), Bulandshahr on 22.01.2021.

Shri Raghuvansh Misra, 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 member of any criminal gang. Learned counsel for the applicant contends that apart from the above said cases, the applicant does not have any criminal history.

Shri Rishi Chaddha, learned A.G.A 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 said 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- Adil 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 :- 18.5.2022 Nadeem

Digitally signed by NADEEM AHMAD Date: 2022.05.18 16:19:24 IST Reason: Location: High Court of Judicature at Allahabad