Bangalore High Court allowed bail to applicant Julfiqar @ Julla in a case under the U.P. Gangster and Anti-Social Activities Act, 1986, subject to conditions including appearance and non-tampering.
Applicant released on bail on executes personal bond and two reliable sureties each in like amount subject to conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42610 of 2022
Applicant :- Julfiqar @ Julla Opposite Party :- State of U.P. Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the respective parties.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.112 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station-Niwari, DistrictGhaziabad.
Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is further submitted that only one case has been shown in the gang chart against the applicant, in which, he has already been enlarged on bail by the court concerned. He further submits that applicant has criminal history of eight cases except the case mentioned in the gang chart, in which, in most of the case, he has also been enlarged on bail by the court concerned. He further submits that applicant is neither leader nor any member of the gang. He further submits that applicant has no criminal history except the aforesaid cases. It is next urged that there is no possibility of their fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 23.08.2022, hence, he is entitled to bail.
Learned A.G.A. vehemently opposes bail.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Julfiqar @ Julla , involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) The applicant shall not tamper with the evidence.
(ii) The applicant shall not indulge in any criminal activity.
(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.
(iv) The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.
Order Date :- 18.10.2022 Ashutosh
Digitally signed by ASHUTOSH SINGH Date: 2022.10.18 17:52:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the present case.
2 provisions across 1 enactments
Julfiqar @ Julla
Gajendra Kumar
Ashutosh Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
