Allowed

Junaid v. State of U.P. through Secretary Home

Allahabad HC6 Dec 2022BAIL/48073/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed in a case registered under the UP Gangsters and Anti-Social Activities (Prevention) Act. The applicant, Junaid, sought bail alleging prior bail orders in related offences. The Single Judge reviewed the record, finding vague allegations without specific acts by the applicant, no threat to witnesses, and prior bail history favoring release.

What did the court decide?

Application allowed; applicant released on bail by furnishing personal bond and two reliable sureties to the satisfaction of the court.

Junaid Vs State of U.P. through Secretary Home — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48073 of 2022

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Applicant :- Junaid Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Sushil Kumar Pandey, Advocate holding brief of Sri Sanjay Kumar Srivastava, the learned counsel for the applicant, Sri , the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 355 of 2022, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Dhaolana, District Hapur. 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 06 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.

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The gang chart mentions involvement of the applicant in in a solitary case namely Case Crime No. 424 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, in which the applicant has already been granted bail and copy of the bail order has been annexed with the affidavit filed in support of the bail application.

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In para-6 of the affidavit, the applicant's criminal history of two more cases has been disclosed, as per which, he has already been granted bail in all the cases. 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.

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

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Upon scrutinizing the facts of the case in light of the aforesaid law, what prima facie appears at this stage is that there is merely a vague accusation that the applicant is a member of a

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gang, without any particulars of any act committed by him. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. There is nothing on record which may indicate that the applicant is in a position to tamper with the evidence or influence the witnesses or which may give rise to a reasonable apprehension of threat to the witnesses or to give rise to a reasonable apprehension that the applicant will abscond and will not face the trial.

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The applicant has already been granted bail in all the cases in which he is involved and, therefore, larger interest of the public or the State would not be affected in case the applicant is enlarged on bail.

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

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Let the applicant – Junaid , be released on bail in Case Crime No. 355 of 2022, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Dhaolana, District Hapur, 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:—

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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 dates 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 conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of bail.

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Order Date :- 6.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.09 19:01:48 IST Reason: Location: High Court of Judicature at Allahabad

Junaid v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

Junaid v. State of U.P. through Secretary Home

Case brief

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What did the court decide?

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