Arsad @ Hagna Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Arsad @ Hagna Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Arsad @ Hagna to be released on bail in Case Crime No. 144 of 2016, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Kotwali, District Maharajganj, on furnishing a personal bond and two reliable sureties each of the like amount, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to influence any witness; (iii) to appear before the trial court on dates fixed unless presence exempted; (iv) not to directly or indirectly make inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with evidence. On breach of any condition, prosecution may move for cancellation of bail.

Issue for consideration

Whether the applicant, Arsad @ Hagna, is entitled to be released on bail in Case Crime No. 144 of 2016 under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, given that he has been granted bail in all predicate offences listed in the gang chart and in 08 other cases, and has been incarcerated since 07.11.2015 (more than seven years) without conclusion of trial.

Court's answer

The applicant is entitled to be released on bail, the court being guided by the fact that he has languished in jail since 07.11.2015 and has already spent more than seven years in incarceration without conclusion of trial (after considering that bail had been granted in all predicate offences and other cases).

Detailed headnote1 paragraphs

Allahabad High Court (Subhash Vidyarthi, J.) allowed bail to Arsad @ Hagna in Case Crime No. 144 of 2016 under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (P.S. Kotwali, District Maharajganj). The gang chart listed three predicate offences (Case Crime Nos. 1510/2015 and 578/2015 under Sections 396, 412 IPC; Case Crime No. 234/202015 under Sections 395, 397 IPC) in all of which the applicant had already been granted bail, and the affidavit further claimed false implication in 08 other cases with bail granted in each. Granting bail, the court relied principally on the applicant's incarceration since 07.11.2015 - more than seven years - without conclusion of trial. Release was ordered on a personal bond and two reliable sureties of the like amount, with conditions barring tampering with evidence, influencing witnesses, absence from trial dates, and inducement, threat or promise to dissuade disclosure; breach permits the prosecution to apply for cancellation of bail.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45406 of 2022

Applicant :- Arsad @ Hagna Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Sumit Kumar Srivastava, the learned counsel for the applicant, Sri Jai Kishan Chaurasia, the learned A.G.A. for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 144 of 2016, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali , District maharajganj. The aforesaid case has been registered on the basis of a First Information Report lodged by the Station House Officer of the Police Station against 04 named accused persons, including the applicant, stating that all the accused persons have formed an organized gang and they are engaged in earning their livelihood by committing offences.

The gang chart mentions involvement of the applicant in three cases - (i) Case Crime No.1510 of 2015, under Sections 396, 412 IPC, (ii) Case Crime No. 578 of 2015, under Sections 396, 412 IPC, and (iii) Case Crime No.234 of 202015, under Sections 395, 397 IPC, in all of which the applicant has already been granted bail and copies of the bail orders have been annexed with the affidavit filed in support of the bail application.

In para13 of the affidavit, it has been stated that the after the applicant was arrested, the police has falsely implicated the applicant in 08 other cases, in all of which he has been granted bail. The learned Counsel for the applicant has submitted that as the applicant has been granted bail in all the predicate offences, he is entitled to be released on bail.

The learned AGA has opposed the prayer for grant of bail and he has submitted that allegations against the applicant or of serious nature.

Having considered the aforesaid aforesaid facts and

circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 007.11.2015 and he has already spent more than seven years incarceration without conclusion of trial, I am of the view that the applicant is entitled to be released on bail.

In view of the aforesaid discussion, the bail application is allowed.

Let the applicant – Arsad @ Hagna , be released on bail in Case Crime No. 144 of 2016, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali , District maharajganj, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:—

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

(ii) The applicant will not influence any witness.

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

(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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of bail.

Order Date :- 15.12.2022 Ashish Pd.

Digitally signed by ASHISH PRASAD Date: 2022.12.21 18:43:35 IST Reason: Location: High Court of Judicature at Allahabad