Allowed

Shaleem v. State of U.P.

Allahabad HC5 Aug 2022BAIL/26493/2022

Case brief

AI extract

What is this about?

Bail application allowed for applicant in gang case under U.P. Gangsters and Anti Social Activities Act. Grant based on prior bail in solitary case, lack of other criminal history, and bail of co-accused. Conditions imposed.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two sureties, subject to conditions against tampering with evidence, influencing witnesses, and appearing in court.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26493 of 2022

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Applicant :- Shaleem Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Mishra,Manish Kumar,Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Manish Kumar, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.02 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Phase-II, District Gautam Buddha Nagar during pendency of the trial in the Court below.

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The gang charge mentions a solitary case against the applicant namely Case Crime No.521 of 2021, under Section 395 I.P.C. In which the applicant has already been granted bail by means of an order dated 08.10.2021 passed by learned Sessions Judge, Gautam Buddha Nagar in Bail Application No.5395 of 2021 and a copy of the bail order has been annexed as Annexure No.3 to the affidavit filed in support of the bail application. Apart from the gang chart, the applicant has no criminal history.

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Learned counsel for the applicant has further submitted that the co-accused namely; Mausin has already been granted bail by co-ordinate Bench of this Court by means of an order dated 29.06.2022 in Criminal Misc. Bail Application No.26502 of 2022.

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The applicant is languishing in jail since 11.05.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail.

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Having regard to the fact that the applicant has already been granted bail in the solitary case as mentioned in the gang chart and that he has no other criminal history as also the fact that

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other co-accused Mausin has already been granted bail, I am of the view that the applicant is also entitled to be released on bail.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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Let the applicant Shaleem be released on bail in Case Crime No.02 of 2022, under Sections 2/3 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 below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 5.8.2022 Zafar

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Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.08.11 11:22:29 IST Reason: Location: High Court of Judicature at Allahabad

Shaleem v. State of U.P.

Case brief

What is this about?

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Shaleem v. State of U.P.

Case brief

What is this about?

What did the court decide?

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