High Court of Judicature at Allahabad granted bail to the applicant under the U.P. Gangsters and Anti Social Activities Act. The court was satisfied that the applicant was falsely implicated and posed no flight risk, permitting his release on a personal bond and two sureties.
Released on bail in Crime No.188 of 2021 on personal bond and two sureties.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22249 of 2022
Applicant :- Shahanwaz @ Siraj Opposite Party :- State of U.P. Counsel for Applicant :- Nayab Ahmad 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.188 of 2021 at Police Station Purani Basti District Basti under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 15.03.2022.
The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge (Gangster Act), Basti on 22.04.2022.
Shri Nayab Ahmad 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 member of any criminal gang. Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities. The police authorities falsely framed him in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases have no
bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Sunil Kumar Srivastava, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned A.GA 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-Shahanwaz @ Siraj 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 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.06.03 10:59:58 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be granted bail in the gangster case.
What conditions should be imposed on the bail in the interest of justice.
Shahanwaz @ Siraj
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
