Allowed

Shahzad v. State of U.P.

Allahabad HC27 Sept 2022BAIL/40624/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Shahzad in a case Crime No. 72 of 2022 under the U.P. Gangster and Anti-Social Activities Act. The Court held that the applicant has made out a prima facie case for bail without expressing a final opinion on merits.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties subject to conditions against tampering with evidence and influencing witnesses.

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

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Court No. - 82

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40624 of 2022

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Applicant :- Shahzad Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah,Ravi Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 72 of 2022, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhawanpur, District Meerut with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, one case has been shown against applicant, in which, he is already on bail, copy of which has been annexed as annexure-3 to the bail application. Apart from it, it is stated that applicant has criminal history of one case in his credit, which is also explained in para 7 of the bail application, in that case also applicant has been granted bail by this Court. It is further submitted that applicant is languishing in jail since 17.12.2020 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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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 aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, 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 Shahzad in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the

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satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness.

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

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(4). The applicant shall not directly or indirectly make any 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 :- 27.9.2022 Mohit

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Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.28 10:34:41 IST Reason: Location: High Court of Judicature at Allahabad

Shahzad v. State of U.P.

Case brief

What is this about?

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Shahzad v. State of U.P.

Case brief

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