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

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

What the court decided

AI extract

Outcome

Release on bail in Case Crime No. 18 of 2022 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 dissuade disclosure; breach entitles the prosecution to move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Mohammad Ashif, arraigned in Case Crime No. 18 of 2022 under Sections 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, is entitled to be enlarged on bail.

Court's answer

The applicant is entitled to be enlarged on bail: the court accepted counsel's submissions that he was falsely implicated, is already on bail in all five gang-chart cases, and has no criminal history apart from them, which the learned AGA could not satisfactorily dispute from the record.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ajay Bhanot, J.) allowed Criminal Misc. Bail Application No. 20256 of 2022 by Mohammad Ashif seeking bail in Case Crime No. 18 of 2022, P.S. Rajpur, District Kanpur Dehat, under Sections 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant, in jail since 01.02.2022, had his bail rejected by the learned 5th Additional Sessions Judge, Kanpur Dehat on 15.04.2022. Counsel contended false implication, that the applicant was already on bail in all five criminal cases depicted in the gang chart, and absence of any other criminal history; the learned AGA could not satisfactorily dispute these submissions from the record. Held entitled to bail; directed release on a personal bond and two sureties each in the like amount, with conditions against tampering with evidence, influencing witnesses and inducement, breach permitting the prosecution to move for cancellation before this Court. Order dated 2.6.2022.

Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20256 of 2022 Applicant :- Mohammad Ashif Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey 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. 18 of 2022 at Police Station Rajpur District Kanpur Dehat under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 01.02.2022.

The bail application of the applicant was rejected by learned 5th Additional Sessions Judge, Kanpur Dehat on 15.04.2022.

Shri Hari Nath Chaubey, 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 all the five criminal cases 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 cases.

Shri Sunil Kumar Srivastava, learned AGA 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 cases.

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- Mohammad Ashif 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 :- 2.6.2022 Dhananjai

Digitally signed by DHANANJAI Date: 2022.06.02 16:34:21 IST Reason: Location: High Court of Judicature at Allahabad