Criminal Miscellaneous Bail Application filed by Zeeshan @ Munna Katar under U.P. Gangsters Act challenging his detention. The Court allowed bail on conditions without expressing an opinion on the merits of the case.
Release on bail on furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41180 of 2022
Applicant :- Zeeshan @ Munna Katar Opposite Party :- State of U.P. Counsel for Applicant :- Sharique Ahmed 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 who is involved in Case Crime No. 264 of 2022, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Chakeri, District Kanpur Nagar, with the prayer to enlarge the applicant on bail.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that in gang chart, four cases have been shown against applicant, in which, he is already on bail, copy of bail order has been annexed as annexure-3 to the bail application. It is also 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 next submitted that applicant has a criminal history of one more case except the cases shown in gang chart, which has been duly explained in the bail application and copy of bail order has been filed as annexure No. 4. It is also submitted that applicant is languishing in jail since 29.04.2022 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, nature of evidence, gravity of offence, 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 Zeeshan @ Munna Katar, involved 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.9.2022 Sazia
Digitally signed by SAZIA AQUIL Date: 2022.09.27 18:38:52 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant made out a case for bail under U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
Whether the questions regarding tampering with evidence and influencing witnesses should be included as bail conditions.
Zeeshan @ Munna Katar
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
