This judgment allows a bail application filed by Aashif Qureshi in a case under the UP Gangsters Act. The single judge, noting prior bail in a related case, granted bail subject to conditions preventing tampering and ensuring cooperation.
Release of Aashif Qureshi on bail via personal bond with two sureties, subject to standard non-breach conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3899 of 2022
Applicant :- Aashif Qureshi Opposite Party :- State Of Up. Counsel for Applicant :- Umesh Chandra Shukla,Amit Daga Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Aditya Bharadwaj Advocate holding brief for Shri Amit Daga, the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Aashif Quresh for grant of bail, in Case Crime No. 303 of 2021, under Section 2/3 U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, Police Station Kotwali, District Jhansi, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart he has been released on bail by a Coordinate Bench of this Court, vide order dated 25.11.2021 passed in CRIMINAL MISC. BAIL APPLICATION No. - 19508 of 2021 and apart from this case, on the basis of which provision of the Gangsters Act has been invoked the applicant is not having any other criminal case pending against him.
It is further submitted that applicant is in jail in this case since 17.7.2021. Charge sheet in this case has already been submitted.
Learned A.G.A., on the other hand submits that the applicant is an accused of heinous offence and therefore he is not entitled to be released on bail, but he could not confront the submissions made by learned counsel for the applicant that the provision of Gangsters Act has been invoked on the basis of single criminal case wherein the applicant has been released on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the
considered view that applicant has made out a case for bail. The bail application is thus allowed.
Let applicant- Aashif Qureshi involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.
Order Date :- 22.3.2022 Muk
Digitally signed by MOHD UMAR KHAN Date: 2022.03.22 16:36:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the accused challenged for invoking provisions of the UP Gangsters and Anti-social Activities Act.
Aashif Qureshi
Mohd. Faiz Alam Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
