Single judge allowed bail to the applicant under the U.P. Gangsters and Anti-Social Activities Act, allowing release based on parity with co-accused and lack of misusing liberty.
Release of applicant on personal bond and two sureties subject to conditions regarding evidence tampering, witness influence, and court appearance.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39021 of 2022
Applicant :- Babby @ Samim Iqbal Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Dubey Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 34 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (prevention) Act, 1986, P.S. Chatta, District Agra.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, only one case has been shown against the applicant in case crime no.186 of 2020 in which the applicant has already been enlarged on bail by the court below. It is further submitted that similarly placed coaccused, Aamir and others, have already been enlarged on bail by this Court by order dated 19.11.2020 passed in Criminal Misc. Bail Application No.40319 of 2020. He has further submitted that since the role of the applicant is identical to that of co-accused, Aamir and others, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.It is further submitted that the applicant is languishing in jail since 04.08.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Having regard to the facts that the applicant has already been granted bail in one case mentioned in the gang-chart, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Babby @ Samim Iqbal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction
of the court concerned subject to following conditions:-
(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 an application bail before this Court seeking cancellation of bail.
Order Date :- 26.9.2022
A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.09.28 10:22:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail pending the conclusion of the trial on the ground of parity with co-accused already granted bail.
1 provisions across 1 enactments
Babby @ Samim Iqbal
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
