Court allowed bail application of Mishareyar Khan under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, relying on Dataram Singh SCC 22.
Applicant released on bail with personal bond and two sureties subject to conditions regarding witness tampering and criminal activity.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36481 of 2022
Applicant :- Mishareyar Khan @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.132 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Fatehganj Purvi, District Bareilly, during pendency of the trial.
It is argued by learned counsel for the applicant that applicant is innocent and has falsely been implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by Co-ordinate Bench of this Court, copy of the bail order is annexed as Annexures-2 to the affidavit filed in support of the bail application. It has further been argued that co-accused Nazir Husain has been granted bail by this Court vide order dated 29.08.2022 passed in Crl. Misc. Bail Application No.35925 of 2022. He further submits that another co-accused Mohd. Jaki Khan has been granted bail by co-ordinate Bench of this Court vide order dated 02.09.2022 passed in Criminal Misc. Bail Application No. 35988 of 2022. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 05.07.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed.
Let the applicant, Mishareyar Khan @ Kallu be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 26.9.2022 Shafique
Digitally signed by SAFIKUR RAHAMAN Date: 2022.09.27 14:40:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 considering the nature of offence and circumstances.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
_Dataram Singh Vs. State of U.P. and another_ reported in (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Mishareyar Khan @ Kallu
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
