Parveen Begam Vs State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40840 of 2022

Applicant :- Parveen Begam Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard the 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 by the applicant with the prayer to enlarge him on bail in Case Crime No. 319 of 2017, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Beconganj, District Kanpur Nagar.

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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, the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail and he is not a member of any gang. The applicant is not a previous convict. It is further submitted that similarly placed co-accused, Pappu Chaudhary @ Sayeed, has already been enlarged on bail by this Court by order dated 02.07.2019 passed in Criminal Misc. Bail Application No.26239 of 2019. He has further submitted that since the role of the applicant is identical to that of co-accused, Pappu Chaudhary @ Sayeed, who has 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 04.04.2017, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Having regard to the facts that the applicant has already been granted bail in two cases 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.

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Let the applicant be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each

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of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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(ii) The applicant will not influence any witness.

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

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(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.

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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.

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Order Date :- 19.10.2022 A.N. Mishra

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Digitally signed by AMARNATH MISHRA Date: 2022.10.20 10:23:42 IST Reason: Location: High Court of Judicature at Allahabad

Parveen Begam v. State of U.P.

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Parveen Begam v. State of U.P.

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