High Court of Judicature at Allahabad allowed bail to an applicant facing charges under the U.P. Gangsters and Anti Social Activities Prevention Act without expressing an opinion on the merits of the case.
The applicant Fahas Furkan released on bail by furnishing personal bond and two sureties subject to conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40832 of 2022
Applicant :- Furkan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shantanu Srivastava,Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 177 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Bijnor with the prayer to enlarge the applicant on bail.
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, three cases have been shown against applicant, in which, he is already on bail, copies of which have been annexed as annexure-SA-2 to the supplementary affidavit. Apart from it, it is stated that no criminal history is in the credit of the applicant. It is further submitted that applicant is languishing in jail since 19.06.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and nature of evidence, 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.
Let the applicant Furkan in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence
during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(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.
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.
Order Date :- 23.9.2022
Mohit
Digitally signed by MOHIT KUMAR KUSHWAHA Date: 2022.09.26 11:34:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Furkan
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
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