Allowed

Mobin Ansari v. State of U.P.

Allahabad HC26 May 2022BAIL/19207/2022

Case brief

AI extract

What is this about?

In criminal miscellaneous bail application No. 19207 of 2022, the Allahabad High Court released the applicant on bail in a prosecution under the U.P. Gangster and Anti-social Activities Prevention Act, 1986. The court imposed strict conditions regarding attendance, evidence, and avoiding abuse of bail liberty.

What did the court decide?

The applicant be released on bail on furnishing a personal bond and two sureties subject to conditions regarding attendance and conduct during trial.

Mobin Ansari Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19207 of 2022

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Applicant :- Mobin Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Rajnish Kumar Pandey, learned counsel for applicant, learned A.G.A for the State and perused the record.

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Applicant- Mobin Ansari seeks bail in Case Crime No.303/2021, under Section 2/3 of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, P.S. Kotwali, District Aligarh.

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It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that in the gang chart, three cases are mentioned against the applicant, particulars of which are mentioned in paragraph nos. 8 & 9 of the affidavit, in support of the bail application, in which the applicant is on bail, their bail orders are available on record. It is also submitted that the criminal history of two other cases of the applicant are mentioned in paragraph nos. 10 & 11 of the affidavit in support of the bail application. It is finally submitted that the applicant is in jail since 28.8.2021, undertakes not to misuse the liberty of bail, trial is not likely to be concluded in the near future, he be enlarged on bail.

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Learned AGA has opposed the prayer for bail but could not demonstrate anything contrary to the above submission.

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Considering the facts and circumstances of the case as also the contentions noted above, I am inclined to enlarge the applicant on bail.

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Let the applicant involved in aforesaid case 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 following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for

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evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 26.5.2022 C.Prakash

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Digitally signed by CHANDRA PRAKASH Date: 2022.05.26 17:46:50 IST Reason: Location: High Court of Judicature at Allahabad

Mobin Ansari v. State of U.P.

Case brief

What is this about?

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Mobin Ansari v. State of U.P.

Case brief

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