Allowed

Mohd Qamar v. State of U.P.

Allahabad HC28 Sept 2022BAIL/39628/2022

Case brief

AI extract

What is this about?

Single Judge bailed applicant accused under U.P. Gangster Act. Court noted applicant was already on bail in a case shown in the gang chart and charged with a single offense. Bail granted subject to conditions not to interfere with witnesses or commit further crimes.

What did the court decide?

Released on bail by furnishing personal bond and two sureties in like amount. Conditions: no tampering with evidence, cooperate with trial, no new crimes.

Mohd Qamar Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39628 of 2022

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Applicant :- Mohd Qamar Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant Mohd.Qamar with a prayer to release him in Case Crime No.396 of 2022, under section 3(1) of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Gursahaiganj, District Kannauj, during pendency of the trial.

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Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Single case has been shown in the gang-chart against the applicant. On account of single case provision of Gangster Act has been imposed. The applicant is on bail in the case shown in the gang chart. Bail order is annexed as Annexure-3 with bail application. He next contended that the applicant is neither involved in any anti-social activities nor a leader of any gang. The applicant is in jail since 16.08.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeing in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Mohd.Qamar, who is involved in the aforesaid case crime, 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.

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 28.9.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.09.29 13:17:13 IST Reason: Location: High Court of Judicature at Allahabad

Mohd Qamar v. State of U.P.

Case brief

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Mohd Qamar v. State of U.P.

Case brief

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